e 

523 
F- 


Reproduced  by  DUOPAGE       process 
in  the  United  States  of  America 


MICRO    PHOTO   INC. 

Cleveland  12,  Ohio 


NEW  YORK 


AND 


THE   CONSCRIPTION 

OF    1863 


A  CHAPTER  IN  THE  HISTORY  OF  THE 
CIVIL  WAR 


BY 

JAMES   B.    FRY 

RETIRED    " 

ASSISTANT  ADJUTANT-GRNF.RAI.,  WITH  HANK  OK  COLONRI. 

UREVBT  MAJOR.GP.NRRAI.  U.  S.  ARMY 
I.ATK   PROVOST-MAR^HAI.    GRNRKAI,  OF  THR   UNITED  STATES 


NEW  YORK  &  LONDON 
G.  P.  PUTNAM'S    SONS 

\  £bt  Stmcherbotker  |hris 

1885 


COPYRIGHT,  1885, 
Bv  G.  P.  PUTNAM'S  SONS. 


NEW    YORK 

AND 

THE   CONSCRIPTION. 


The  New  York  Herald  of  November  4,  1878,  gave  an 
account  of  an  interview  at  Deerfield  Farm,  near  Utica, 
New  York,  between  one  of  its  correspondents  and  Ex- 
Governor  Horatio  Seymour,  from  which  the  following  is 

an  extract  : 
x 

"A   REMINISCENCE  OF    THE   DRAFT. 

41  When  an  enrolment  for  draft  was  ordered  during  th 
rebellion,"  he  proceeded,  "  every  consideration  of  justic 
and  duty  called  for  its  honest  execution.  It  was  a  lottery 
for  life,  and  it  was  a  great  crime  to  make  it  unfair.  Whc 
it  was  completed  it  was  found  to  be  cruelly  unjust.  No 
only  were  the  quotas  asked  of  New  York  as  a  whol 
more  than  those  of  any  other  Atlantic  State,  but  this  ex 
cess  was  imposed  in  a  cruel  way  upon  the  city.  *  * 
The  matter  was  the  subject  of  a  correspondence  wit 
President  Lincoln  which  resulted  in  the  appointment  b 
the  Presic^nt  of  two  men  and  of  one  man  by  myself  a 
Governor  ;.o  conduct  an  inquiry.  The  two  Commission 
crs  named  by  the  President  were  from  other  States,  wer 
officers  of  the  army,  and  were  naturally  inclined  to  dis- 

323 


2  NEW    YOKK 

trust  the  charge  of  unfairness.  They  spent  a  long  time 
in  a  laborious  search  into  the  facts.  Rising  above  all 
prejudices,  they  decided  that  the  quotas  of  New  York  and 
Brooklyn  were  erroneous  and  excessive  and  should  be 
reduced."  *  *  * 

"  The  riot  was  caused  not  only  by  an  unjust  enrolment 
but  by  the  way  the  draft  was  made.  It  was  begun  with 
out  giving  any  notice  to  General  Wool  in  command  of 
the  United  States  forces,  to  Mayor  Opdyke,  or  to  the 
Governor  of  the  State.  It  was  at  a  time  when  the  city 
regiments  were  in  Pennsylvania  volunteering  to  defend 
that  State  from  the  attack  of  Lee's  army.  The  United 
States  soldiers  were  withdrawn  for  the  same  purpose ; 
and  so  far  as  military  force  was  concerned,  the  city  was 
left  almost  in  a  defenseless  state." 

The  New  York  Times  of  August  18,  1879,  contained 
a  life*  of  Ex-Governor  Horatio  Seymour,  from  which  the 
following  is  an  extract : 

"  On  Saturday,  July  *e-,  while  he  was  at  Long  Branch, 
and  still  engaged  in  this  work  of  providing  for  the  defense 
of  the  coast,  he  was  startled  by  a  telegram  informing  him 
that  the  long-threatened  and  much  dreaded  conscription  of 
men  for  the  Union  Army  had  been  commenced  in  New 
York  City.  This  telegram  was  a  private  one.  Governor 
Seymour  never  received  any  official  notification  that  the 
draft  was  to  commence,  or  that  it  had  commenced,  nor 
was  any  such  notification  sent  to  Mr.  Opdyke,  the  Mayor 
of  the  city,  or  to  General  Wool,  the  United  States  officer 
in  command.  Without  any  communication  with  those 
gentlemen,  or  with  the  Department  of  Police,  *  *  *  the 
Provost  Marshal,  at  whose  instance  is  to  this  day  a  mat- 

*  See  Appendix  A. 


AND    THE    CONSCRIPTION.  3 

ter  of  doubt,  commenced  the  draft.  The  drawing  began 
on  Saturday  in  a  district  where  the  enrolment  was  so  ex 
cessive,  so  grossly  unjust,  that  the  Government  caused  it 
to  be  changed.  *  *  *  It  has  been  claimed  that  there 
was  in  all  this  a  deep-seated  design  for  political  purposes, 
to  force  a  portion  of  the  community  into  such  excesses 
as  would  make  it  necessary  to  declare  the  Empire  City 
under  martial  law.  This  claim  has  not  been  justified,  but 
that  the  Provost  Marshals,  or  those  behind  them,  by  their 
action  in  the  matter,  threw  prudence,  propriety,  and 
common  sense  to  the  winds,  there  can,  in  view  of  subse 
quent  events,  be  no  doubt.  *  *  *  On  Sunday  night, 
when  he  first  received  word  that  the  draft  was  actually 
in  progress,  he  tried  to  make  his  way  to  the  city,  but 
found  that  he  could  not  do  so.  The  next  morning  at  a 
very  early  hour  he  received  a  second  telegram,  inform 
ing  him  that  serious  disturbances  were  expected  to  follow 
the  announcement  of  the  conscription.  Fearing  the 
worst,  and  without  having  tasted  food,  he  hurried  to  the 
Metropolis." 

The  foregoing  extracts  bear  strong  evidence  of  authen 
ticity.  They  have  stood  for  many  years  without  dis 
avowal  or  denial.  In  a  book  in  which  Governor  Seymour 
occupies  the  first  place,  called  Twelve  Americans,  by 
Howard  Carroll,  published  by  Harpers,  in  1883,  the  state 
ment  from  the  New  York  Times  given  in  the  Appendix  A, 
is  substantially  repeated.  In  the  preface  the  author  says  : 
"  It  is  particularly  worthy  of  note,  that  the  material  for 
these  sketches  of  their  lives,  was,  in  every  case,  obtained 
during  long  and  frequent  personal  interviews  with  them. 
Originally  the  sketches  appeared  in  comparatively  meagre 
outline  in  the  columns  of  the  New  York  Times"  Un- 


4  NEW    YORK 

pleasant  affairs  in  which  the  Governor's  part  was  very 
important  if  not  satisfactory,  are  thus  again  brought  into 
notice.  Lincoln  and  Stanton  and  Whiting  and  Dix  and 
Canby  and  many  others  concerned  are  dead,  but  the 
records  remain.  Lest  the  allegations  of  bad  judgment, 
neglect,  crime,  unfairness,  grievous  wrong,  "  throwing 
prudence,  propriety,  and  common  sense  to  the  winds,"  etc., 
leveled  by  high  authority  against  officers  of  the  general 
government,  pass  unchallenged  into  history,  it  is  proposed 
to  make  a  review  of  the  general  subject  in  the  light  of 
official  documents  and  well  established  facts,  and  leave 
the  reader  to  draw  conclusions  and  make  comments. 

To  understand  the  occurrences  discussed  it  is  necessary 
to  recall  the  state  of  affairs  in  the  spring  and  summer  of 
1862.  Let  the  Adjutant-General  of  New  York  bear  wit 
ness  upon  that  point.  In  his  report  to  the  Governor  of  the 
State,  dated  December  31,  1862  (the  close  of  Governor 
Morgan's  term  and  the  beginning  of  Governor  Seymour's), 
he  says :  "  Without  any  general  or  formal  call  your  Ex 
cellency  was  advised  in  a  dispatch  from  the  Adjutant- 
General  of  the  Army  of  May  2ist,  that  an  additional 
force  of  three  years'  volunteers  would  be  accepted,  and  a 
plan  of  organization  was  at  once  decided  on  and  promul 
gated  in  General  Orders  31,  issued  on  the  23d.  Owing, 
however,  to  the  great  demand  for  labor  in  the  field  and 
workshop  no  great  progress  was  made,  and  on  the  1st  of 
July,  more  than  a  month  after,  although  one  hundred  and 
fifty  authorizations  to  raise  companies  had  been  issued, 
the  aggregate  of  the  enlistments  did  not  exceed  three 
thousand  men.  There  was  nothing  of  that  eagerness  to 
enter  the  service  which  had  been  manifested  at  previous 
periods,  and  it  appeared  as  if  the  people  had  fallen  into  an 
apathy  from  which  only  an  extraordinary  effort  could 


AND   THE   CONSCRIPTION,  5 

arouse  them.  Meanwhile,  the  most  important  events 
were  transpiring.  The  losses  sustained  by  our  army  in 
Virginia  from  sickness,  and  in  the  sanguinary  engage 
ments  which  had  taken  place  on  the  Peninsula,  had  re 
duced  it  to  a  defensive  attitude,  and  rendered  its  rein 
forcement  or  withdrawal  a  matter  of  necessity.  In  the 
West,  notwithstanding  the  success  of  the  military  opera 
tions  which  terminated  with  the  occupation  of  Corinth, 
the  waste  from  disease  and  battle,  and  the  necessity  of 
occupyii  £  strategic  points,  had  so  much  reduced  the 
force  ava  lable  for  field  operations,  that  the  Confederates, 
with  numbers  greatly  augmented  through  a  rigorous  con 
scription,  were  preparing  to  assume  the  offensive  in  a 
series  of  movements  which  subsequently  brought  them  to 
the  banks  of  the  Ohio  and  Potomac." 

Such  was  the  condition  of  affairs  when,  on  the  28th  of 
June,  1862,  the  Governors  of  the  loyal  States  united  in 
an  appeal  to  the  President  to  call  upon  the  several  States 
for  more  men.  In  response,  the  President,  on  July  2, 
1862,  issued  his  call  for  300,000  volunteers.  This  was 
felt,  in  fact  was  known,  to  be  the  final  effort  to  suppress 
the  rebellion  by  voluntary  military  service.  Every  pos 
sible  form  of  encouragement  was  adopted  for  the  purpose 
of  stimulating  enlistments,  and  with  some  success  in  the 
State  of  New  York  and  throughout  the  United  States. 
Hut  the  demand  for  troops  during  the  summer  increased 
more  rapidly  than  the  supply,  so  that  on  the  4th  of  Au 
gust  the  President  issued  his  Proclamation  for  300,000 
nine  months'  militia,  and  the  War  Department  followed 
the  Proclamation  with  orders  and  instructions,  under 
which  the  Governors  of  some  of  the  States  commenced  a 
draft  as  ordered  by  the  general  Government  on  the  3d  of 
September.  At  that  date  the  military  reverses  of  the 


6  NEW   YORK 

season  had  culminated  in  the  disastrous  campaign  of  the 
army  of  Northern  Virginia,  under  General  Pope,  and  the 
prospect  of  raising  troops  became  very  gloomy.  Of  the 
300,000  militia  required  only  about  87,000  "  were  ever 
credited  as  having  been  drafted  into  the  service  under 
the  call,  This  number  was  much  reduced  by  desertion 
before  the  men  could  begot  out  of  their  respective  States, 
and  but  a  small  portion  of  them  actually  joined  the  ranks 
of  the  army.  This  draft  constituted  the  last  demand  of 
the  general  Government  for  men  previous  to  the  inaugu 
ration  of  the  system  of  conscription  in  the  following 
Spring" — (Report  of  Adjt.-Genl.  Hillhouse,  of  New 
York).  A  law  of  the  State  of  New  York  then  in  force 
required  an  enrolment  of  all  persons  liable  to  bear  arms. 
No  appropriation  had  been  made  by  the  Legislature  for 
carrying  the  law  into  effect.  The  means  were,  however, 
provided  on  the  personal  responsibility  of  Governor  Mor 
gan,  and  an  enrolment  was  made  prior  to  the  call  of 
August  4,  1862.  But  as  the  enrolment  was  thought  to  be 
too  imperfect  for  the  draft  ordered  by  the  President,  and 
as  the  War  Department  had  issued  instructions  and  pro 
vided  means  for  an  enrolment,*  and  had  ordered  that  an 
allowance  prior  to  draft  be  made  to  towns  and  counties 
for  volunteers  previously  furnished,  a  new  enrolment  was 
ordered  in  New  York.  This  was  in  the  fall  of  1862.  It 
is  mentioned  to  show,  as  explained  by  General  Hillhouse, 
Adjutant-General  of  New  York,  in  his  report  of  December 
31,  1862,  that  the  United  States  enrolment  made  in  1863, 
which  is  especially  discussed  further  on,  was  no  strange 
measure  to  the  people  of  New  York,  and  that  lack  of  ac- 


*  This,  however,  was  not  under  the  so-called  enrolment  act,  which  was 
not  pa.sbcd  till  March,  1863. 


AND   THE   CONSCRIPTION.  ^ 

quaintancc  with  the  subject  was  not  the  reason  why  they 
at  first  failed  to  aid  in  making  and  correcting  It. 

Speaking  of  the  State  enrolment  of  1862,  General  Hill- 
house  says:  "  In  anticipation  of  a  draft  every  citizen  who 
was  himself  enrolled  felt  at  once  a  personal  interest  in  the 
completeness  of  the  work,  and  instead  of  offering  impedi 
ments  to  its  prosecution,  naturally  desired  that  every  per 
son  within  the  prescribed  ages  should  be  entered  on  the 
lists,"  and  he  adds  that  "the  enrolment  was  entirely  suc 
cessful."  But,  as  reported  by  General  Hillhouse,  although 
the  draft  for  nine  months'  militia  was  for  various  reasons 
deferred,  it  had  resulted  in  promoting  enlistments  and 
completing  the  quota  under  the  call  of  July  2d,  for  vol 
unteers  for  three  years,  and  30,000  three  years'  men  in 
addition,  to  count  against  the  last  call,  that  of  August  4, 
1862.  But  nevertheless  at  the  close  of  Governor  Morgan's 
term,  December  31,  1862,  General  Hillhouse  reports  the 
State  as  deficient  28,517  men  in  volunteers  furnished  since 
July  2,  1862,  and  of  this  deficiency  he  says  18,523  be 
longed  to  the  City  of  New  York.  He,  however,  modifies 
the  effect  of  this  large  proportion  adverse  to  the  City  by 
saying,  "  It  should  be  stated  here  that  the  credit  to  the 
City  and  County  of  New  York  is  based  on  the  actual  re 
turns  filed  in  this  office,  but  it  is  believed  that  it  is  less 
than  the  volunteers  furnished." 


In  the  State  of  New  York  an  active  and  exciting  po 
litical  struggle  took  place  in  the  autumn  of  1862.  Gen 
eral  James  S.  Wadsworth,  an  eminent  citizen  and  a  dis 
tinguished  officer  of  the  Union  Army,  had  been  called 
from  the  field  to  run  as  the  Republican  candidate  for 
Governor  against  Horatio  Seymour,  also  an  eminent  and 


8  NEW  YORK 

highly  respected  citizen,  who  was  the  candidate  of  the 
Democratic  party. 

Speaking  in  a  political  sense,  rigorous  prosecution  of 
the  war  was  a  Republican  measure  ;  and  the  opposition  to 
the  war  was  embodied  in  the  Democratic  party.  In  New 
York  the  Democratic  platform  of  1862  was  very  brief.  It 
denounced  arbitrary  arrests,  supported  the  use  of  "  all  le 
gitimate  means  to  suppress  the  rebellion  and  restore  the 
Union  as  it  was,  and  maintain  the  Constitution  as  it  is ;  " 
resolved,  that  "  the  war  was  not  waged  in  any  spirit  of 
oppression  or  for  any  purpose  of  conquest  or  subjugation, 
or  purpose  of  overthrowing  or  interfering  with  the  rights 
or  established  institutions  of  those  States,  but  to  defend 
and  maintain  the  supremacy  of  the  Constitution,  and  to 
preserve  the  Union  with  all  the  dignity,  equality,  and 
rights  of  the  several  States  unimpaired,  and  that  as  soon 
as  these  objects  are  accomplished  the  war  ought  to  cease." 

The  Republican  platform  was  elaborate  and  radical.  It 
urged  the  Government  to  prosecute  the  war  by  all  the 
means  "that  the  God  of  battles"  had  "placed  in  its 
power."  The  confiscation  of  the  property  of  "  traitors  in 
arms  "  was  advocated,  the  President's  intention  to  eman 
cipate  slaves  was  emphatically  approved,  and  the  enroll 
ing,  arming,  and  disciplining  the  militia  of  the  States 
recommended. 

The  election  resulted  in  favor  of  Seymour.  The  first 
fourteen  districts,  which  include  Brooklyn  and  New  York 
City  (where  the  riots  subsequently  occurred),  gave  him  a 
majority  of  54,582;  the  remainder  of  the  State  gave 
Wadsworth  a  majority  of  43,830,  electing  Seymour  by  a 
majority  of  10,752. 

On  the  1st  of  January,  1863,  ttye  outgoing  administra 
tion  of  Governor  Morgan  turned  over  to  the  incoming 


AND   THE   CONSCRIPTION  9 

administration  of  Governor  Seymour,  the  revised  State 
enrolment,  the  Government's  order  for  draft  of  the  militia, 
and  the  deficiency  of  New  York  heretofore  mentioned  ; 
and  facts  and  details  in  connection  with  these  matters  as 
well  as  with  the  general  subject  of  recruitment,  were  spread 
upon  the  records  of  the  State  by  the  comprehensive  and 
able  report  heretofore  mentioned  of  Adjutant-General 
Hillhouse.  At  this  period  the  activity  in  the  reinforce 
ment  of  the  armies  which  had  marked  the  first  year  of  the 
war  was  replaced  by  industry  and  ingenuity  in  the  prep 
aration  of  "claims"  by  the  various  States,  counties,  and 
towns,  for  men  previously  furnished.  It  is  due  to  New 
York  to  say  that  under  the  readjustment  arising  from  these 
"  claims  "  for  credit,  it  was  conceded  in  the  summer  of 
1863  that  she  had  a  small  surplus  instead  of  a  deficiency. 
But  volunteering  was  practically  at  an  end  as  a  system  in 
itself  to  be  relied  upon  for  strengthening  the  army. 

41  The  desire  to  enter  the  service,  prompted  by  the  first 
ebullition  of  military  ardor,  had  subsided  and  was  replaced 
by  the  popular  demand  that  the  different  States  should 
furnish  proportional  numbers  of  men  for  the  army." 

"The  demand  for  reinforcements  from  the  various 
armies  in  the  field  steadily  and  largely  exceeded  the  cur 
rent  supply  of  men.  The  old  agencies  for  filling  the  ranks 
proved  more  and  more  ineffective.  It  was  evident  that 
the  efforts  of  the  Government  for  the  suppression  of  the 
rebellion  would  fail  .without  resort  to  the  unpopular  but, 
nevertheless,  truly  republican  measure  of  conscription. 
The  national  authorities,  no  less  than  the  purest  and  wis 
est  minds  in  Congress,  and  intelligent  and  patriotic  citi 
zens  throughout  the  country,  perceived  that  besides  a  more 
reliable,  regular,  and  abundant  supply  of  men,  other  sub 
stantial  benefits  would  be  derived  from  the  adoptiqn  and 


10  NEW   YORK 

enforcement  of  the  principle  that  every  citizen  owes  mili 
tary  service  to  the  country  in  the  hour  of  extremity.  It 
would  effectually  do  away  with  the  unjust  and  burdensome 
disproportion  in  the  number  of  men  furnished  by  different 
States  and  localities."  (Report  of  P.  M.  G.). 

In  a  letter  dated  August  4,  1862,  to  Count  A.  de  Gas- 
parin,  President  Lincoln  said :  "  Our  great  army  has  dwin 
dled  rapidly,  bringing  the  necessity  for  a  new  call  earlier 
than  was  anticipated.  We  shall  easily  obtain  the  new  levy, 
however.  Be  not  alarmed  if  you  shall  learn  that  we  have 
resorted  to  a  draft  for  part  of  this.  It  seems  strange  even 
to  me,  but  it  is  true,  that  the  Government  is  now  pressed 
to  this  course  by  a  popular  demand.  Thousands  who 
wish  not  to  personally  enter  the  service  are  nevertheless 
anxious  to  pay  and  send  substitutes,  provided  they  can 
have  assurance  that  unwilling  persons  similarly  situated 
will  be  compelled  to  do  likewise." 

Henry  Wilson  (Republican)  said  in  the  Senate:  "The 
immense  numbers  already  summoned  to  the  field,  the 
scarcity  and  high  rewards  of  labor,  press  upon  all  of  us 
the  conviction  that  the  ranks  of  our  wasted  regiments 
cannot  be  filled  again  by  the  old  system  of  volunteering. 
The  needs  of  the  nation  demand  that  we  should  rely  not 
upon  volunteering,  nor  upon  the  calling  forth  of  the  mili 
tia,  but  that  we  should  fill  the  regiments  now  in  the  field, 
worn  and  wasted  by  disease  and  death,  by  enrolling  and 
drafting  the  population  of  the  country  under  the  constitu 
tional  authority  to  raise  and  support  armies." 

Senator  Richardson  (Democrat)  said  :  •'  I  agree  with  the 
Senator  from  Massachusetts  that  it  is  necessary  to  fill  up 
the  ranks  of  our  army;  and  that  it  is  necessary  there 
should  be  a  conscription  bill." 

Senator  McDougal  (Democrat)  said :  "  Now  in  regard 


***• 

AND   THE   CONSCRIPTION.  II 

to  the  conscription  question  I  will  say  for  myself  that  I 
regretted  much,  when  this  war  was  first  organized,  that 
the  conscription  rule  did  not  obtain.  I  went  from  the 
extreme  east  to  the  extreme  west,  of  the  loyal  States.  I 
found  some  districts  where  some  bold  leaders  brought  out 
all  the  young  men,  and  sent  them  or  led  them  to  the  field. 
In  other  districts,  and  they  were  the  most  numerous,  the 
people  made  no  movement  towards  the  maintenance  of 
the  war  ;  there  were  whole  towns  and  cities  I  may  say, 
where  no  one  volunteered  to  shoulder  a  musket,  and  no 
one  offered  to  lead  them  into  the  service.  The  whole 
business  has  been  unequal  and  wrong  from  the  first.  The 
rule  of  conscription  should  have  been  the  rule  to  bring 
out  men  of  all  classes,  and  make  it  equal  throughout  the 
country,  and  therein  the  North  has  failed." 

These  are  merely  brief  examples  of  the  opinions  and 
sentiments  which  resulted  in  the  passage  of  the  Act  of 
March  3,  1863,  entitled  "  An  Act  for  enrolling  and  call 
ing  out  the  national  forces  and  for  other  purposes." 
The  main  requirements  of  the  law  were  the  enrolment  and 
draft  of  the  national  forces  and  the  arrest  of  deserters. 
In  his  final  report,  dated  March  17,  1866,  the  Provost 
Marshal  General  said :  "  The  public  safety  would  have 
been  risked  by  longer  delay  in  the  enactment  of  this  law. 
A  general  apathy  prevailed  throughout  the  country  on 
.  the  subject  of  volunteering.  Recruiting  had  subsided, 
while  desertion  had  greatly  increased,  and  had  grown  into 
a  formidable  and  widespread  evil.  The  result  of  the  im 
portant  military  operations  during  the  first  months  of  1863 
had  been  unfavorable  and  exercised  a  depressing  effect 
upon  the  public  mind.  The  battle  of  Stone  River  left 
the  Army  of  the  Cumberland  crippled  upon  the  field,  and 
forced  it  to  inactivity  for  months  in  an  intrenched  camp. 


12  NEW   YORK 

Our  advance  on  Vicksburg  by  way  of  Haines'  Bluff  had 
been  repulsed  with  serious  loss.  A  knowledge  of  the  ex 
tent  of  the  disaster  at  Fredericksburg  had  reached  and 
dispirited  the  loyal  people.  The  first  attack  on  Fort  Sum- 
ter  by  the  Navy  had  failed.  The  short  but  bloody  and 
disastrous  campaign  of  Chancellorsville  was  made,  and  the 
Army  of  the  Potomac  once  more  confined  to  the  defensive. 
The  rebel  army  was  stronger  in  numbers  than  at  any 
other  period  of  the  war.  And  last,  not  least,  a  powerful 
party  in  the  North,  encouraged  by  these  events,  opposed 
the  raising  of  the  new  levies,  and  especially  the  enforce 
ment  of  the  new  conscription  law."  It  was  a  palpable 
fact  at  the  period  referred  to,  that  our  success  depended 
on  raising  more  troops,  and  that  more  troops  could  be 
raised  only  by  carrying  out  the  enrolment  act.  Defeat  of 
the  enforcement  of  this  measure  would  have  been  the 
loss  of  the  Union  cause. 

Affairs  had  reached  such  a  point  in  the  spring  of  1863 
that,  for  high  public  officers  at  least,  there  was  no  neutral 
ground  between  supporting  the  enforcement  of  the  Enrol 
ment  Act  and  the  prosecution  of  the  war  as  part  and  parcel 
of  the  same  thing,  and  opposing  them.  A  Governor  who 
was  not  unmistakably  for  them  was,  under  the  attending 
circumstances,  by  the  very  nature  of  his  position,  against 
them.  Horatio  Seymour  was  then  Governor  of  the  State 
of  New  York.  He  thought  conscription  unwise. 

The  only  officers  authorized  by  the  Enrolment  Act  were 
a  Provost  Marshal  General  of  the  United  States,  and  a  Pro 
vost  Marshal  for  each  Congressional  District.  For  the  pur 
poses  of  enrolment  and  draft  a  board  was  created  in  each 
district  consisting  of  the  Provost  Marshal,  a  so-called 
Commissioner,  and  a  Surgeon.  This  board  had  power  to 
appoint  persons  to  make  the  enrolment.  The  criticisms 


AND   THE  CONSCRIPTION.  13 

of  the  enrolment  and  draft  in  certain  districts  of  New 
York  City,  make  it  necessary  to  explain  who  were  ap 
pointed  to  office  under  the  Enrolment  Act  for  those  dis 
tricts,  and  upon  what  recommendations  the  appointees 
were  chosen. 

The  Provost  Marshals  were  : 

4///  District, — Joel  B.  Erhardt  (recommended  by  F,  A. 

Conkling,  Mayor  Opdykc,  Henry  J.  Raymond,  L.  E. 

Chittenden,  E.  C.  Benedict,  E.  Delafield  Smith,  VVm. 

M.  Evarts,  Wm    Hunt,  General  John  P.  Hatch  and 

others). 
5/7*  District. — John    Duffy  (recommended   by    Horace 

Greeley,  Wm.  Hall,  Judges  Hilton,  Daly  and  White, 

Mayor  Opdyke,  H.  J.  Raymond,  W.  C.  Bryant,  Jas. 

T.  Brady  and  Edwards  Pierrcpont). 
6t/t  District. — James  W.  Farr  (recommended  by  Gov 
ernor  Morgan  and  F.  A.  Conkling). 
7///  District. — Frederick  C.  Wagner  (recommended  by 

Governor  Morgan,  Senator  Harris,  Mayor  Opdyke, 

and  Thurlow  Weed). 
8///  District. — Benj.    F.    Manierre    (recommended    by 

Preston  King,  Horace  Greeley,  Hiram  Barney,  Wm. 

C.  Bryant,  Curtis  Noyes,  and  Geo.  P.  Putnam. 
f)th    District. — Chas.    E.    Jenkins    (recommended    by 

Mayor  Opdyke,  Edgar  Ketchum,  D.  Dudley  Field, 

Edwards  Pierrepont,  and  Hiram  Walbridge). 

The  recommendations  on  which  Commissioners  and 
Surgeons  were  appointed  were  generally  the  same  and 
in  all  cases  as  good  as  those  for  the  Provost  Marshals. 
The  foregoing  specification  of  indorses  and  the  remarks 
which  follow  concerning  the  officers  detailed  as  Provost 


14  NEW    YORK 

Marshals  General  of  the  State  of  New  York  are  given  as 
bearing  on  the  charges  of  injustice,  outrage,  etc.,  made 
concerning  the  enrolments  and  draft  in  the  districts  pre 
sided  over  by  the  gentlemen  named.  Although  these 
men,  residents  of  New  York  City,  were  officers  of  the 
general  Government,  proceeding  under  an  act  of  Congress, 
the  War  Department  was  alive  to  the  necessity  of  secur 
ing  the  co-operation  of  State  authorities  in  administering 
the  enrolment  act,  and,  knowing  that  it  would  not  be 
practicable  for  the  Provost  Marshal  General  in  Washing 
ton  to  gather  detailed  reports  from  every  district  in  the 
United  States,  cull  them,  and  then  supply  the  Governors 
of  States  with  all  the  particulars  which  it  might  be  well 
for  them  to  have,  nor  convenient  to  Governors  to  de 
pend  on  such  a  resource,  resolved  to  place  an  officer  of 
the  army  on  duty  at  the  capital  of  each  State  to  act  as 
Provost  Marshal  General  for  the  State.  Instead,  how 
ever,  of  having  but  one  such  officer  in  New  York,  it  was 
thought  best  to  place  three  in  that  State,  making  for  that 
purpose  the  northern,  southern,  and  western  divisions. 
In  selecting  officers  to  occupy  these  positions  care  was 
taken  to  seek  those  who  would  be  likely  to  secure  the 
favor  and  co-operation  of  the  authorities  and  the  people 
of  New  York.  Major  Fred.  Townsend,  i8th  U.  S.  Infan 
try,  was,  on  the  25th  of  Ap-il,  1863,  detailed  for  the 
northern  division,  Headquarters  at  Albany.  Major  (now 
General)  Townsend  was  a  well-known  and  highly  esteemed 
resident  of  Albany,  who  held  the  office  of  Adjutant- 
General  of  thq  State  prior  to  the  war,  and  has  held  the 
same  office  since. 

Colonel  Robert  Nugent,  6Qth  New  York  Volunteers, 
an  honorable  man,  a  gallant  officer,  a  war-democrat,  an 
Irishman,  a  resident  of  New  York  City,  was  assigned  to 


AMD    THE    COXSCKfrr/ON.  I  5 

the  southern  division,  embracing  New  York  City  and 
Brooklyn;  and  for  the  western  division,  Major  A.  S. 
Diven,  of  the  lo/th  Regiment  New  York  Volunteers,  was 
designated  May  1 5th.  He  was  a  resident  of  Elmira,  of 
superiorability  and  unimpeachable  character,  mvar-dcmo- 
crat,  and,  as  stated  by  Mr.  W.  H.  Seward, — at  whose  in 
stance  he  was  selected, — an  intimate  acquaintance  and 
personal  friend  of  Governor  Seymour. 

These  are  the  gentlemen  under  whom  the  United 
States  enrolment  and  draft  of  1863  were  conducted. 

But  the  efforts  of  the  War  Department  to  acquaint 
the  Governor  with  all  that  was  going  on  under  the 
enrolment  act,  and  secure  his  co-operation  did  not  end 
with  the  mere  assignment  to  duty  of  the  three  officers 
just  named.  On  the  dates  mentioned  above  as  those  of 
their  assignment,  a  formal  letter  of  instructions*  was  given 
each  of  the  three,  from  which  the  following  is  an  extract : 

"  While  the  Governor  of  New  York  has  no  control 
over  you,  you  will  be  required  to  acquaint  yourself  with 
his  views  and  wishes  and  give  them  due  weight  in  deter 
mining  as  to  the  best  interests  of  the  general  Govern 
ment,  of  which  you  are  the  representative.  To  this  end 
you  will  use  all  proper  means  to  gain  and  to  retain  the  con 
fidence  and  good-will  of  the  Governor  and  his  State  offi 
cers.  You  will  endeavor  by  all  means  in  your  power  to 
secure  for  the  execution  of  the  Enrolment  Act,  the  aid  and 
hearty  co-operation  of  his  Excellency  the  Governor,  and 
of  the  civil  officers  in  his  State,  as  also  of  the  people." 

A  letter  in  terms  as  follows  was  addressed  to  Governor 
Seymour  (and  similar  letters  to  other  Governors) : 

*  See  Appendix  13. 


1 6  NEW   YORK 

,\ 


"  PROVOST  MARSHAL  GENERAL'S  OFFICE, 
WASHINGTON,  U.  C,,  April  24,   1863, 


44  To  His  Excellency  Horatio  Seymour, 
Governor  of  New  York. 

44 SIR:  With  a  view  to  uniform  and  harmonious  execu 
tion  of  the  Enrolment  Act  it  has  been  deemed  best  to 
assign  an  officer  of  this  Department  of  rank  to  duty  at 
the  Capital  of  New  York.  He  will  be  instructed  to  confer 
with  your  Excellency,  to  superintend  the  operations  of 
the  Provost  Marshals  and  Boards  of  Enrolment  in  the 
several  Districts  of  the  State,  excepting  the  first  nine,  to 
secure  from  the  Provost  Marshals  and  Boards  and  submit 
to  the  State  Executive  such  rolls  and  reports  as  may  be 
deemed  necessary  for  the  files  of  the  State,  and  to  prepare 
from  the  State  records,  and  transmit  to  the  Provost 
Marshals  and  Boards  of  Enrolment  such  information 
placed  at  his  disposal  by  the  State  authorities  as  may  be 
necessary  or  useful  to  them  in  the  performance  of  the 
duties  assigned  them.  With  similar  views  and  for  a  like 
purpose  it  has  been  decided  to  assign  an  officer  to  the 
City  of  New  York  to  exercise  the  same  functions  for  the 
first  nine  Congressional  Districts  of  your  State. 

44  In  accordance  with  the  foregoing,  Major  Frederick 
Townsend,  i8th  U.  S.  Infantry,  has  been  directed  to  take 
post  at  Albany,  and  Col.  Robert  Nugent,  6Qth  N.  Y.  Vols., 
at  New  York  City. 

44  These  are  officers  of  superior  ability  and  gentlemen  of 
attainments,  and  it  is  hoped  their  assignment  will  prove 
agreeable  to  your,  Excellency. 

44  The  War  Department  will  be  pleased  if  your  Excel 
lency  will  communicate  freely  with  them  and  secure,  as 
far  as  possible,  for  all  officers  appointed  under  the  Enrol- 


AND   THE   CONSCRIPTION.  1 7 

ment  Act,  the  co-operation  of  the  civil  officers  of  your 

State. 

11 1  am,  Sir, 

"  Very  respectfully 

"Your  obedient  Servant, 
(Signed)  "  JAMES  B.  FRY. 

"Pro-Aft.  Genera/:' 

A  similar  letter  *  was  addressed  to  the  Mayor  of  New 
York  City,  on  whom  Colonel  Nugent  called  for  co-opera 
tion  as  he  did  on  the  Governor. 

The  foregoing  arrangements  made  by  the  War  Depart 
ment,  enabled  Governors  to  keep  themselves  as  fully 
informed  as  they  chose  to  be  concerning  the  enrolment 
and  draft  in  their  respective  States,  and  with  very  few  ex 
ceptions,  harmony  and  co-operation  between  the  States 
and  the  United  States  were  secured.  It  will  be  seen 
further  on,  however,  that  when  the  draft  was  ordered 
in  July,  1863,  that  fact  was  made  known  to  the  Gov 
ernor  of  New  York  and  other  Governors  by  special  let 
ters. 

Presuming  that  military  guards  for  the  Provost  Marshals 
in  the  City  of  New  York  would  be  necessary,  a  letter  on 
that  subject  was  addressed  to  General  Wool,  May  21, 
1863,  by  the  Provost  Marshal  General,  in  which  he 
said: 

41 1  have  the  honor  to  request  that  you  will  give  the 
requisite  orders  to  furnish  the  Provost  Marshals  of  the 
different  districts  in  the  City  of  New  York  with  such 
guards  as  may  be  necessary  at  their  respective  Head 
quarters  until  their  places  can  be  supplied  by  men  from 
the  Invalid  Corps,  now  organizing. 

*  See  Appendix  C. 


18  NEW  YORK 

"  Col.  Robert  Nugent,  A.  A.  P.  M.  Gen'l  for  New  York 
City,  is  directed  to  call  upon  you  and  confer  in  regard 
to  this  matter." 

THE  ENROLMENT. 

Under  these  preliminary  arrangements,  the  enrolment 
of  1863  began. 

It  was  of  great  importance  to  the  people  of  the  State  as 
well  as  to  the  general  Government  that  a  correct  enrol 
ment  should  be  made.  The  Adjutant-General  of  New 
York,  when  speaking,  in  his  report  of  December  31,  1862, 
of  the  principle  of  compulsory  service,  said  to  the  Gov 
ernor  :  "  Nor  is  it  less  a  matter  of  interest  to  the  States. 
Whatever  may  be  the  plan  adopted,  the  force  required 
must  be  drawn  from  their  population  liable  to  military 
duty,  on  which  the  1,000,000  of  volunteers  hitherto  sent  to 
the  field  has  already  made  serious  inroads.  They  have, 
moreover,  a  common  interest  with  the  general  Govern 
ment  in  such  an  application  of  their  military  resources  as 
will  render  them  most  effective  for  the  purposes  in  view 
with  the  least  possible  waste,  and  with  as  little  hardship 
as  possible  to  the  community." 

The  co-operation  of  the  State  authorities  so  plainly 
pointed  out  in  the  foregoing  quotation  as  essential  to  the 
welfare  of  the  State,  and  which  vvas  so  earnestly  solicited 
by  the  War  Department,  was  almost  indispensable  to  a 
correct  enrolment  and  a  just  apportionment  of  compulsory 
service.  But  Governor  Seymour  gave  no  assistance  ;  in 
fact,  so  far  as  the  Government  officers  engaged  in  the  enrol 
ment  could  learn,  he  gave  the  subject  no  attention.  But 
he  subsequently  urged  that  the  draft  should  be  abandoned 
on  account  of  errors,  which  he  alleged,  in  the  enrolment, 
and  which,  if  they  existed,  he  had  failed  to  co-operate  in 


AND   THE   CONSCRIPTION.  1 9 

preventing.  Documents  hereinafter  cited  will  define  more 
plainly  his  position  in  the  matter. 

The  Enrolment  Act  was  approved  March  3,  1863.  Sec 
tion  9  required  that  the  enrollers  "  immediately  proceed 
to  enrol  "  and  report  the  result  "on  or  before  the  1st  day 
of  April  "  to  the  Board  of  Enrolment,  and  the  Board  was 
required  by  the  Act  to  consolidate  the  names  into  one 
list  and  transmit  the  same  to  the  Provost  Marshal  Gen 
eral  "  on  or  before  the  1st  day  of  May."  There  was,  it  is 
true,  a  proviso  that  if  these  duties  could  not  be  done  in  the 
time  specified,  they  should  be  performed  as  soon  there 
after  as  practicable;  but  neither  the  intention  of  the  law, 
nor  the  manifest  necessity  under  which  it  was  enacted,  per 
mitted  delay,  or,  as  President  Lincoln  expressed  it  in  his 
letter  to  Governor  Seymour,  dated  August  7,  1863,  "  we 
could  not  waste  time  to  re-experiment  with  the  volunteer 
system  already  deemed  by  Congress,  and  palpably  in  fact* 
so  far  exhausted  as  to  be  inadequate;  and  then  more  time 
to  obtain  a  correct  decision  as  to  whether  a  law  is  consti 
tutional  which  requires  a  part  of  those  not  now  in  the  ser 
vice  to  go  to  the  aid  of  those  who  are  already  in  it ;  and 
still  more  time  to  determine  with  absolute  certainty  that 
we  get  those  who  are  to  go  in  the  precisely  legal  propor 
tion  to  those  who  are  not  to  go."  "  My  purpose,"  the 
President  added,  "  is  tot>e  in  my  actions  just  and  consti 
tutional,  and  yet  practical  in  performing  the  important 
duty  with  which  I  am  charged,  of  maintaining  the  unity 
and  the  free  principles  of  our  common  country." 

This  is  enough  to  indicate  the  extreme  pressure  under 
which  the  enrolment  was  made  in  the  spring  of  1863.  The 
co-operation  of  the  State  authorities  was  earnestly  sought, 
the  enrollers  were  carefully  selected  by  the  Boards  com 
posed  of  well  selected  citizens,  and  were  sworn  to  execute 


2O  NEW   YORK 

faithfully  and  without  partiality  or  favor  the  duties  of 
their  offices,  and  commenced  their  labors  about  the  2$th 
of  May. 

The  manner  of  making  this  enrolment  and  some  partic 
ulars  in  relation  to  it  are  shown  in  Appendix  D. 

THE  DRAFT. 

The  law  made  it  the  duty  of  the  President  to  draft  into 
the  army  as  many  of  the  men  liable  to  service,  borne  on 
the  enrolment,  as  he  might  from  time  to  time  find  neces 
sary,  coupled  with  the  condition,  however,  that  in  assign 
ing  quotas  the  number  of  volunteers  and  militia,  and  the 
periods  of  their  service,  previously  furnished  by  the  several 
States,  should  be  duly  credited. 

That  there  might  be  no  loss  of  time,  as  soon  as  the  en 
rolment  of  a  district  was  completed,  the  President  made 
an  order  on  that  district  for  one-fifth  of  its  enrolled  men 
of  the  class  liable  to  be  called  out. 

The  first  order  for  draft,  under  the  Enrolment  Act,  in  the 
State  of  New  York  was  issued  July  i,  1863,  for  the  3Oth 
District.  Orders  immediately  followed  for  drafts  in 
other  districts,  some  of  them  being  in  the  City  of  New 
York. 

Colonel  Nugent,  Assistant  Provost  Marshal  General  of 
Southern  New  York,  was  told  in  a  letter  of  July  7th  from 
the  Provost  Marshal  General,  "  Should  you  consider  it 
most  expedient  to  do  so,  you  are  at  liberty  to  execute  the 
draft  in  New  York  City  by  districts,  in  one  or  more  at  a 
given  time,  rather  than  simultaneously  throughout  the 
city."  He1  began  on  Saturday,  July  u.  The  following 
account,  from  Applet  on 's  Encyclopaedia,  of  what  occurred, 
is  substantially  confirmed  by  the  official  records  and  is 
sufficiently  accurate : 


AND    THE   CONSCRIP2ION.  21 

T/ic   Riot. — "  The   several    deputies    received    official 
requisitions  direct  from  the  President,  calling  for  specified 
numbers  of  men,  and  were  instructed  to  commence  oper 
ations  on  the  nth  of  July.     In  compliance  with  this  or 
der  Provost  Marshal  Jenkins,  of  the  ninth  congressional 
district  in  New  York,  publicly  announced  through  the 
press,  that  on   Saturday,  the    nth,  the  ballots  would  be 
publicly  counted  at  the  corner  of  Forty-sixth  Street  and 
Third  Avenue,  and  that  immediately  thereafter  the  wheel 
would  be  turned  and  the  draft  begin.     Rumors  of  popu 
lar  dissatisfaction  were  heard  on  every  side,  trouble  was 
apprehended,  and  the  police  were  notified  to  hold  them 
selves    in    readiness   for   any  emergency.     On   Saturday 
morning  a  large  crowd  assembled  at  the  appointed  place, 
but  as  everything  was  conducted  quietly,  systematically, 
and  fairly,  no  opportunity  for  disturbance  occurred.    The 
day  passed  pleasantly,  the  crowd  were   in  good   humor, 
well-known  names  were  saluted  with  cheers,  and  at  night, 
as  the  superintendent  of  the  police  passed  out  from  the 
office,  he  remarked  that  there  was  no  danger  to  be  appre 
hended  ;  the  Rubicon  was  passed,  and  all  would  go  well. 
The  names  of  the  conscripts  were  published  by  the  press 
of  Sunday  morning,  with  incidents,  jocular  and  otherwise, 
connected  with   the  proceedings.     In  the  neighborhood 
in  which  the  initial  working  of  the  law  was  attempted,  an 
excitable  element  of  the  city's  population  resided.     Very 
many  poor  men  were,  by  the  turn  of  the  wheel,  forced 
instantly,  as  it  were,  from  home  and  comfort,  wrested 
from  the  support  of  a  needy  family,  to  be  sent  they  knew 
not  whither,  perhaps  to  the  battle  field,  or,  perhaps,  to  the 
grave.     Such  were  the  apprehensions  of  many  imprudent 
persons,  who   were   liable  to  the   draft,  and  such  their 
anxieties  for  the  fate  of  their  wives  and  children,  that  as- 


22  NEW   YORK 

sociations  were  formed  to  resist  it,  at  the  last  alternative, 
with  bloodshed."    *    *    * 

It  is  not  necessary  to  go  into  the  details  of  the  riot, 
which  continued  for  four  days.  The  main  purpose  is 
in  consequence  of  the  articles  cited  in  the  beginning  to 
show  the  attitude  of  Governor  Seymour  towards  the 
Enrolment  Act  and  the  riot.  Those  articles  give  it  as 
a  positive  and  important  assertion  from  him  that  he  was 
not  notified  of  the  draft,  the  implication  being  that  the 
Government  authorities  had  in  this  respect,  through 
design  or  neglect,  omitted  an  important  act  of  courtesy 
or  duty;  and  that  if  the  Governor  had  been  notified  he 
could  and  would  have  done  something  to  prevent  the  riot 
or  would  have  made  preparations  to  suppress  it.  There  is 
nothing  in  the  history  of  the  affair  to  encourage  the  belief 
that  if  the  Governor  had  regarded  the  notices  which  were 
sent  to  him,  he  would  have  done  anything  else  than 
strive  to  have  the  draft  abandoned  or  postponed.  But  to 
leave  the  field  of  conjecture,  the  fact  is  that  the  Governor 
was  formally  and  distinctly  notified  of  the  draft.  By  the 
following  letters  the  Provost  Marshal  General  not  only 
notified  him,  but  closed  the  notification  by  saying:  "I 
beg  that  you  will  do  all  in  your  power  to  enable  the 
officers  acting  under  me  to  complete  the  draft,  promptly, 
effectually,  fairly  and  successfully." 

"  PROVOST  MARSHAL  GENERAL'S  OFFICE,         ( 
WASHINGTON,  I).  C.,  July  i,  1863.  f 

44  His  Excellency,  Horatio  Seymour  % 

Governor  of  New  York,  Albany,  N.  Y. 

"SIR: — Orders  have  this  day  been  sent  to  the  Board 
of  Enrolment  in  the  3<Dth  District  of  New  York  to  make 
a  draft  in  that  District  for  2539  men  °f  tne  ^rs^  class. 


AND   THE   CONSCRIPTION.  2$ 

It  is  deemed  important  not  to  invite  public  discussion 
as  to  operations  under  the  Enrolment  Act,  but  it  is 
proper  that  I  should  advise  you  of  such  steps  taken 
under  it  as  may  bear  upon  your  State. 

"  The  records  from  which  calculations  were  made  as 
well  as  the  calculations  themselves  determining  the 
quota  are  on  file  in  this  office ;  they  are  impartial  and 
claimed  to  be  entirely  correct,  but  if  an  error  should  be 
discovered  or  pointed  out  in  them  it  will  be  duly  cor 
rected  in  the  next  subsequent  draft. 

11  I  beg  that  you  will  do  all  in  your  power  to  enable 
the   officers    acting   under    me    to   complete    the   draft 
promptly,  effectually,  fairly,  and  successfully. 
11  I  am,  Sir,  Very  Respectfully, 
"  Your  Obedient  Servant, 

[Signed.}        "  JAMES  B.  FRY, 
14 Provost  Marshal  General'' 

A  letter  the  same  in  terms  as  the  foregoing  but 
announcing  the  draft  in  the  8th  district  and  also  in  the 
1 5th,  2 1st,  26th,  28th  and  29th,  was  sent  to  Governor 
Seymour  by  the  Provost  Marshal  General  on  the  3d  of 
July,  1863,  and  similar  letters  were  sent  as  follows: 

July,  6,  1863.  As  to  the  1st,  ;th,  9th,  i6th,  and  2$th 

Districts. 

July  10,  1863.  As  to  the  loth  District. 

July  13,  1863.  As  to   the   2d,    1 3th,    23d,    and    24th 

Districts. 

July  24,  1863.  As  to  the  28th  District. 

July  28,  1863.  As  to  the  3 1st  District. 

The  draft  was  commenced  in  the  New  England  States 
before  it  was  in  New  York.  The  arrangements  for 


24  NEW    YORK 

furnishing  the  Governors  of  those  States  with  informa 
tion  and  the  special  notices  of  the  draft  sent  to  them  (as 
well  in  fact  as  to  the  Governors  of  all  the  States)  corre 
sponded  with  those  sent  to  the  Governor  of  New  York. 
They  made  no  complaint  of  lack  of  information. 

Not  only  were  the  foregoing  notifications  sent  to  the 
Governor  of  New  York,  but  the  following  letter  from  him 
is  very  good  evidence  that  it  was  upon  ample  information 
concerning  the  draft,  if  not  upon  these  notifications  that 
he  acted  in  sending  his  Adjutant-General  to  Washington 
on  the  nth  of  July,  the  very  day  the  draft  began  in  the 
city,  and  two  days  before  the  riots,  "for  the  purpose  of 
urging  a  suspension  of  the  draft." 

NEW  YORK,  July  13,  1863. 

"  MY  DEAR  SIR : — I  have  received  your  note  about 
the  draft.  On  Saturday  last  I  sent  my  Adjutant-General 
to  Washington  for  the  purpose  of  urging  a  suspension  of 
the  draft,  for  I  know  that  the  City  of  New  York  can 
furnish  its  full  quota  by  volunteering.  I  have  received  a 
despatch  from  General  Sprague  that  the  draft  is  sus 
pended.  There  is  no  doubt  the  conscription  is  post 
poned.  I  learn  this  from  a  number  of  sources.  If  I  get 
any  information  of  a  change  of  policy  at  Washington  I 
will  let  you  know. 

"  Truly  Yours, 
[Signed.]    "  HORATIO  SEYMOUR, 

"  HON.  SAMUEL  SLOAN, 

"  PRKSIURNT  HUDSON  R.  R.  Co., 

"NEW  YORK." 

It  seems  therefore  that  the  Governor  had  enough  infor 
mation  about  the  draft  to  try  to  stop  it. 


-    . 
AND    THE   CONSCRIPTION.  25 

These  documents  refute,  in   fact  flatly  contradict,  the 
assertion  in  its  broad  meaning  that  the  Governor  was  not 
notified  of  the  draft.     But  Governor  Seymour  is  a  man  of 
strict  integrity  and  great  purity  of  character.     There  has\ 
probably  been  some  misunderstanding  as  to  his  meaning  - 
if  he  denied  that  he  was  notified  of  the  intended  draft. 
The    matter,    therefore,   requires  more  careful  examina 
tion.     Let  us  see  exactly  what  was  said.     In  his  letter 
of  August  3,  1863,  to  the  President,  the  Governor  stated 
in   relation  to  the  draft  (which  preceded  the  riot),  "  the 
Provost  Marshal  commenced  this  draft  without  consulta 
tion  with  the  authorities  of  the  State  or  of  the  city."     In 
response  to  this  the  Provost  Marshal  General  in  a  report 
to  the  Secretary  of  War,  dated  August   10,  1863,  said, 
11  Governor  Seymour,  who  had  been    requested   by   my 
letter  of  25th  April  to  co-operate  in  carrying  out  the  law, 
was,  on  the  1st  of  July,  informed  by  my  letter  that  the 
draft  was  ordered  in  the  districts  named,  and  was  request 
ed  to  aid  in  securing  the  execution  of  the  orders.    He  has 
subsequently  been  duly  informed  of  all  orders  issued  for 
draft  in  the  different  districts  of  his  State  and  his  assist 
ance  solicited."     Thus  was  this   charge   made  and  met 
officially  in    1863.     It,  however,  reappears    formally,  but 
not    officially,  these  many  years   afterward.     The   New 
York   Herald  of  November   4,   1878,   quotes  Governor 
Seymour  as  saying,  "  The  riot  was  caused  not  only  by  an 
unjust  enrolment,  but  by  the  way  the  draft  was  made. 
It  was  begun  without  giving  any  notice  to     *     *     *     the 
Governor  of  the  State ;  "  and  the  New   York  Times  of 
August  28,  1 879,  and  the  book  called  Twelve  Americans, 
say,  it  is  presumed  by  the  Governor's  authority,  "  Gov 
ernor  Seymour  never  received  any  official   notification 
that   the  draft  was  to  commence  or  that  it   had  com- 
4 


26  NEW   YORK 

menced,"  and  they  add,  the  Provost  Marshals,  or  those 
behind  them,  "  threw  prudence,  propriety  and  common 
sense  to  the  winds."  Probably  everybody  who  has 
read  these  articles  has  given  them  the  meaning  here 
tofore  mentioned,  to  wit :  that,  in  ordering  the  draft, 
the  Government  officers,  through  design  or  neglect, 
omitted  an  important  act  of  courtesy  or  duty  towards  the 
State  authorities,  and  that  the  latter  were  therefore  ab 
solved  from  responsibility  for  mischief  which  they  might 
have  prevented  or  mitigated  if  it  had  not  been  for  the 
omission.  The  truth  is,  the  Governor  knew,  and  admitted 
at  the  time,  that  he  had  been  notified  of  the  draft. 

In  a  letter  to  the  President,  dated  August  21,  1863,  he 
said  (modifying  the  statement  in  his  letter  of  August  3d), 
"  in  no  instance  have  I  received  notice  of  the  time  when 
a  draft  was  to  be  made  in  any  district.  The  notices  sent 
to  me  only  stated  that  the  enrolments  were  completed  in 
certain  districts,  and  that  orders  had  been  made  directing 
a  draft  for  the  number  to  be  taken  from  such  districts. 
On  Tuesday,  the  day  before  the  draft  was  to  be  made  in 
New  York,  I  received  a  notice  of  this  description,  and 
this  is  the  only  official  notice  I  have  received  with  regard 
to  it.  These  notices  do  not  give  any  intimations  when 
the  draft  will,  commence." 

This  letter  shows  that  by  August  21  the  Governor's 
complaint  that  he  had  not  been  notified  of  the  draft  had 
assumed  a  much  milder  form,  to  wit:  that  he  had  not 
been  notified  of  the  exact  time  when  the  drawing  of 
names  from  the  wheel  would  begin.  He  admitted  that 
he  had  been  informed  when  the  draft  was  ordered.  The 
records  confirm  his  admission,  and  show  not  only  that  he 
had  been  precisely  and  officially  notified  that  the  draft 
was  ordered,  but  also  that  his  co-operation  in  executing 


AND    THE  CONSCRIPTION.  2? 

the  law  was  solicited.  The  draft  was  ordered  from  Wash 
ington  as  soon  as  the  Provost  Marshal  of  a  congressional 
district  reported  that  he  was  ready;  and  the  drawing  of 
names  by  the  Provost  Marshal  was  commenced  as  soon  as 
practicable  after  he  received  the  order  from  Washington 
to  proceed.  As  Governor  Seymour  was,  in  case  of  every 
district,  formally  notified  when  the  draft  was  ordered,  and 
was  requested  to  aid  in  its  enforcement,  the  modified 
complaint  that  he  was  not  told  when  the  actual  draw 
ing  of  names  would  begin  in  each  case  is  not  worthy 
of  serious  consideration.  The  officers  charged  with  the 
conscription  designed  to  give,  and  did  give,  to  the  Gov 
ernor  all  the  information  in  the  matter  of  the  enrol 
ment  and  draft  in  his  State  that  he  could  need  ;  and  there 
was  no  neglect  or  omission  on  the  part  of  the  general 
Government  to  which  his  action  or  want  of  action  con 
cerning  the  draft  and  the  draft  riots  is  in  the  slightest 
degree  fairly  attributable. 

Furthermore,  the  Governor's  complaint  that  he  was 
not  notified  when  the  drawing  would  begin,  might 
have  been  very  easily  forestalled  by  the  Governor  him 
self.  The  arrangement,  heretofore  explained,  under 
which  Assistant  Provost  Marshals  General  were  on  duty  in 
New  York,  enabled  the  Governor  to  obtain  quite  as  early 
notice  of  the  drawings  and  the  exact  time  fixed  for  them 
as  the  authorities  in  Washington  could  receive.  The 
Assistant  Provost  Marshals  General  of  States  had  no  right 
to  prevent  or  postpone  the  draft.  Their  duty  was  to  en 
force  it,  and  the  correspondence  and  intercourse  between 
them  and  Governors  concerning  these  drawings  'would 
necessarily  relate  to  the  co-operation  proposed  by  the 
latter  in  the  execution  of  the  law.  The  occupations  of 
Governor  Seymour  permitted  but  little,  if  any,  inti- 


28  NEW   YORK 

mate  intercourse  between  him  and  the  Assistant  Provost 
Marshals  General  with  a  view  to  enforcing  the  draft,  and 
this  may  in  some  degree  account  for  his  lack  of  familiarity 
with  operations  which  so  urgently  needed  his  aid  and 
encouragement. 

In  the  newspaper  articles  and  the  book  already  cited — 
if  he  is  correctly  quoted  in  them — as  well  as  in  his 
letter  of  August  3,  1863,  to  the  President,  the  Governor 
speaks  disapprovingly  of  the  fact  that  the  draft  was  or 
dered  while  much  of  the  available  militia  of  the  State  was 
absent,  aiding  to  repel  the  rebel  invasion  of  Pennslyvania. 
It  must  be  remembered  that  the  same  invasion  which 
called  away  the  militia  impressed  on  the  Government  the 
necessity  for  immediate  enforcement  of  the  draft,  to 
strengthen  the  army. 

It  was  somewhat  unfortunate  that  while  the  militia  was 
absent,  and  when  the  draft  about  which  the  Governor 
felt  so  much  apprehension,  which  was  in  progress  in 
New  England,  with  the  noise  of  which  the  whole  country 
was  ringing,  and  which  Governor  Seymour  had  been  for 
mally  notified  was  to  be  commenced  in  New  York  City, 
both  the  Governor  and  his  Adjutant-General — as  well  as 
the  militia — should  be  absent  from  the  State,  the  former 
at  Long  Branch,  and  the  latter  in  Washington,  by  the 
former's  orders,  trying  to  prevent  the  draft  in  New 
York.* 

Fortunately  the  invaders  of  Pennsylvania  were  beaten 
back.  The  campaign  of  Gettysburg  ended  in  our  favor, 


*  The  New  York  Times  says  that  when  Governor  Seymour  heard  at  Long 
Branch  of  the  disturbances  in  New  York  City,  "he  hurried  to  the  metrop 
olis  without  having  tasted  food."  Why  the  Governor  fasted  at  Long  Branch 
is  a  mystery. 


AND    THE   CONSCRIPTION.  2Q 

and  part  of  the  Army  of  the  Potomac  became  available 
for  the  campaign  in  New  York. 

But  if  the  militia  had  been  at  home,  would  the  Gov 
ernor  have  marshaled  his  forces  on  the  assumption  that 
the  people  of  New  York  City  were  going  to  resort  to  a 
formidable  violation  of  law  and  order?  Would  he  have 
agreed  that  the  President  should  concentrate  Federal  for 
ces  in  New  York  on  such  an  assumption  ?  The  argument 
in  relation  to  such  proceedings  would  have  been  that  a 
threat  of  that  kind  was  an  insult  to  the  good  citizens  of 
New  York,  and  was  likely  to  create  the  resistance  and 
violence  which  the  display  of  military  force  was  intended 
to  prevent. 

The  question  is,  was  it,  under  the  circumstances,  throw 
ing  "prudence,  propriety,  and  common  sense  to  the 
winds"  to  begin  the  draft  in  New  York  City  with  such  prep 
arations  only  as  were  actually  made  ?  If  so,  what  ought 
to  have  been  done  ?  It  must  be  conceded  that  the  Enrol 
ment  Act  was  passed  to  be  promptly  enforced.  There 
was  no  dispute  that  a  pressing  necessity  existed  for  more 
troops.  The  enforcement  of  the  law  was  the  way  pro 
vided  by  Congress — if  it  was  not  the  only  way— to  obtain 
them.  The  draft  was  going  on  favorably  in  New  England. 
It  was  about  to  be  started  in  various  parts  of  the  country. 
The  Provost  Marshals  in  charge  of  districts  in  New  York 
City  had  reported  the  completion  of  the  enrolment  and 
readiness  for  the  draft.  The  Governor  of  New  York  had 
been  requested  to  co-operate,  and  up  to  that  time  had 
made  no  objection  and  given  no  warning  of  danger.  The 
questions  were,  should  the  draft  go  on  in  New  York 
City,  as  elsewhere,  should  it  be  abandoned  or  postponed 
there,  or  should  resistance  be  assumed  and  military 
force  presumably  large  enough  to  overawe  or  overcome 


30  NEW   YORK     • 

a  formidable  uprising  be  concentrated  in  the  city  before 
trying  to  execute  the  law  without  such  threatening  prep 
arations?  These  questions  were  carefully  weighed  by 
the  President  and  by  the  War  Department.  The  con 
clusions  were  that  no  exception  in  the  application  of  the 
law  should  be  made  in  New  York,  that  no  presump 
tion  that  the  State  or  City  authorities  would  fail  to  co 
operate  with  the  Government  should  be  admitted,  that 
a  Federal  military  force  ought  not  to  be  assembled  in 
New  York  City  on  the  mere  assumption  that  a  law  of  the 
United  States  would  be  violently  and  extensively  re 
sisted,  and  that  if  it  were  thought  best  to  assemble  such 
a  force,  there  was  none  to  be  had  without  losing  cam 
paigns  then  going  on,  or  battles  then  impending. 

It  was  therefore  resolved  to  proceed  with  the  draft  on 
the  assumption  that  the  law  could  be  enforced  without  an 
army,  to  have  the  police  on  hand  in  full  force  at  the  places 
of  draft,  and  small  military  guards  in  attendance  at  suit 
able  points.  In  the  light  of  over  22  years  it  has  not 
been  made  to  appear  that  more  military  preparations 
would  have  been  justifiable  under  the  circumstances, 
nor  that  the  draft  should  have  been  abandoned  or  post 
poned. 

Beginning  the  drawing  on  Saturday  has  been  given  as 
one  of  the  causes  of  the  riot,  and  that  perhaps  is  what 
is  referred  tb  in  speaking  of  the  faulty  manner  of  making 
the  draft.  It  is  true  that  as  Sunday  intervened  be 
tween  beginning  and  ending  the  drawing  in  the  district 
where  the  riot  began,  a  day  was  thus  afforded  for  the 
operation  of  bad  influences.  But  the  same  length  of 
time  was  afforded  for  the  operation  of  good  influences, 
and  perhaps  it  was  admissible  in  this  Christian  land  and 
in  the  loyal  State  of  New  York  to  hope  for  as  much  effect 


AND   THE   CONSCRIPTION.  31 

on  Sunday  from  the  latter  as  from  the  former.  The  criti 
cism  of  beginning  on  Saturday  seems  rather  trivial.  Law- 
breakers  do  not  regulate  their  depredations  by  the  days 
of  the  week.  But  it  must  be  acknowledged  that  what  bad 
judgment  there  was  in  beginning  the  drawings  on  Satur 
day  is  chargeable  to  officers  of  the  general  Govern 
ment  who  acted  under  the  demand,  which  admitted  of 
no  delay,  for  recruits  to  strengthen  the  armies  in  the 
field. 

In  his   letter  of  August  3d,   1863,  to  the  President, 
Governor  Seymour,  said : 

"  As  the  draft  was  one  of  the  causes  of  the  late  riot  in 
the  city  of  New  York,  and  as  that  outbreak  had  been 
urged  by  some  as  a  reason  for  its  immediate  execution  in 
that  city,  it  is  proper  that  I  should  speak  of  that  event. 
I  know  you  will  agree  with  me  that  justice  and  prudence 
alike  demand  that  this  lottery  for  life  should  be  con 
ducted  with  the  utmost  fairness  and  openness,  so  that  all 
may  know  that  it  is  impartial  and  equal  in  its  operation. 
It  is  the  right  of  every  citizen  to  be  assured  that  in  all 
public  transactions  there  is  strict  impartiality.  In  a  mat 
ter  so  deeply  affecting  the  persons  and  happiness  of  our 
people  this  is  called  for  by  every  consideration.  I  am 
happy  to  say  that  in  many  of  the  districts  in  this  State 
the  enrolled  lists  were  publicly  exhibited,  the  names  were 
placed  in  the  wheels  from  which  they  were  to  be  drawn 
in  the  presence  of  men  of  different  parties  and  of  known 
integrity,  and  the  drawings  were  conducted  in  a  manner 
to  avoid  suspicion  of  wrong.  As  the  enrolments  are 
made  in  many  instances  by  persons  unknown  to  the  pub 
lic,  who  are  affected  by  their  actions,  and  who  have  no 
voice  in  their  selection,  care  should  be  taken  to  prove  the 
correctness  of  every  step.  Unfortunately  this  was  not 


32  NEW  YORK 

done  in  the  district  of  New  York  where  the  drawing  com 
menced.  The  excitement  caused  by  this  unexpected 
draft,  led  to  an  unjustifiable  attack  upon  the  enrolling 
officers,  which  ultimately  grew  into  the  most  destructive 
riot  known  in  the  history  of  our  country." 

As  confirmatory  of  the  Governor's  purpose  in  this  letter 
to  attribute  the  riots  to  the  enrolment,  in  part  at  least, 
the  Herald  article  heretofore  given  quotes  him  as  saying  : 
"  The  riot  was  caused  not  only  by  an  unjust  enrolment ', 
but  by  the  way  the  draft  was  made."    That  is  to  say,  the 
Governor  offers  an  alleged  unfair  enrolment  and  an  "  un 
expected''  draft  as  causes  for  the  riot.     The  act  of  Con 
gress  was  passed  for  the  purpose  of  raising  troops  by 
draft,  and  the  enrolment  was  made  with  a  view  to  that 
operation.     The  President's  orders  required  a  draft ;  these 
orders  were  made  known  not  only  to  the  Provost  Mar- 
shals,  but  to  the  Governors  of  States.     The  drawing  was 
commenced  in  Rhode  Island,  July  7th  ;  in  Massachusetts, 
July  8th.    The  newspapers  of  the  day  teemed  with  ac 
counts  of  it.     There  was  therefore  no  conceivable  reason 
why  the  draft  which  began  in  New  York  City  July  u, 
1863,   should  have   been   unexpected.     Nor  is  there  any 
good  ground  for  the  intimation  that  the  nature  of  the 
enrolment  had  any  influence  in  producing  the  riot.     No 
complaint  of  the  enrolment   was  received  by  the   War 
Department  from  Governor  Seymour  or  any  one  else  un 
til  the  riots  had  occurred,  nor  had  any  claim  been  made 
that  quotas  should  be  calculated  on  population  or  any 
other  basis  than  the  enrolment.     It  was  entirely  an  after 
thought  to  depict  the  alleged  over-enrolment  in  some  of 
the  city  districts  as  a  wrong,  and  one  of  such  elasticity 
that  it  might  be  drawn  back  to  serve  as  an  explanation 
of  riotous  crimes  for  which  there  was,  even  on  the  part 


AND   THE   CONSCRIPTION.  33 

of  the  criminals  themselves,  no  pretence  that  it  had  been 
the  cause.* 

The  real  cause  of  the  riot  was  that  in  a  community 
where  a  considerable  political  element  was  active  in  oppo 
sition  to  the  way  the  war  was  conducted,  if  not  to  the  war 
itself,  and  where  there  was  a  strong  opinion  adverse  to  the 
principles  of  compulsory  service,  certain  lawless  men  pre 
ferrcd  fighting  the  Government  at  home,  when  it  made 
the  issue  of  forcing  them  by  lot  to  fight  its  enemies 
in  the  field. 

Governor  Seymour  was  one  of  those  whose  convictions 
were  against  the  wisdom  of  trying  to  force  men  into  the 
army,  if  not  against  the  right  of  the  Government  to  do 
so.  His  arguments  and  efforts  were  not  aimed  at  an  im 
provement  in  the  processes  for  enrolment,  but  at  prevent 
ing  any  draft  at  all.  A  few  facts  will  serve  to  justify 
this  statement.  While  the  riot  was  going  on  he  had  an 
interview  with  Colonel  Nugent,  the  acting  Provost  Mar 
shal  General,  New  York  City,  and  insisted  on  the  Colonel's 
announcing  a  suspension  of  the  draft.  The  draft  had 
already  been  stopped  by  violence.  The  announcement 
was  urged  by  the  Governor,  no  doubt,  because  he  thought 
it  would  allay  the  excitement;  but  it  was,  under  the  cir 
cumstances,  making  a  concession  to  the  mob,  and  endan 
gering  the  successful  enforcement  of  the  law  of  the  land. 

On  the  iQth  of  July  the  Governor  addressed  a  letter  as 
follows  to  the  President : 

"  At  my  request  the  Honorable  Samuel  J.  Tilden  goes 

*On  the  i6th  of  July  the  U.  S.  Marshal,  Robert  Murray,  telegraphed  the 
Secretary  of  War,  "  I  have  arrested  the  principal  orator  of  the  mob,  a 
Southern  man  by  the  name  of  Andrews."  There  is  nothing  to  show  that 
this  orator  of  the  mob  had  charged  the  riot  as  due  in  any  degree  to  the 
character  of  the  enrolment,  or  the  manner  of  making  the  draft. 
5 


34  NEW   YORK 

to  Washington  for  the  purpose  of  stating  to  you  my  views 
and  wishes  with  regard  to  affairs  in  this  State.  He  is 
thoroughly  acquainted  with  my  opinions  and  purposes.  I 
trust  you  will  give  him  an  opportunity  to  communicate 
with  you  at  length.  I  shall  also  address  a  letter  to  you 
in  the  course  of  a  few  days." 

The  connection  between  the  visit  and  the  draft  is  shown 
by  the  first  paragraph  of  the  letter  from  the  Governor, 
heretofore  mentioned.  It  was  dated  August  3d,  and 
began : 

11  At  my  request  a  number  of  persons  have  called  upon 
you  with  respect  to  the  draft  in  this  State,  more  particu 
larly  as  it  affected  the  cities  of  New  York  and  Brook 
lyn."  *  *  * 

This  letter  of  August  3d  was  preceded  by  a  telegram 
from  the  Governor  to  the  President,  saying  :  ••  I  ask  that 
the  draft  be  suspended  in  this  State  until  I  can  send  to 
you  a  communication  I  am  preparing."  This  was  fol 
lowed  by  another  telegram  dated  August  3d,  saying  in 
answer  to  an  inquiry  from  the  President,  "  My  letter  will 
reach  you  on  Wednesday.  1  wish  all  drafts  delayed,  par 
ticularly  in  New  York  and  Brooklyn." 

In  his  letter  of  August  3d  the  Governor  says,  "  The  harsh 
measure  of  raising  troops  by  compulsion  has  heretofore 
been  avoided  by  the  Government.  *  *  *  I  believe  it 
will  be  found  that  the  abandonment  of  voluntary  enlist 
ments  for  a  forced  conscription  will  prove  to  be  unfor 
tunate  as  a  policy.  *  *  *  I  ask  that  the  draft  may  be  sus 
pended  in  this  State,  as  has  been  done  elsewhere,  until 
we  shall  learn  the  results  of  recruiting,  which  is  now 
actively  going  on.  It  is  believed  by  at  least  one-half  pf 
the  people  of  the  loyal  States  that  the  Conscription  Act, 
which  they  are  called  upon  to  obey  because  it  stands  on 


AND    THE   CONSCRIPTION  35 

the  statute  book,  is  in  itself  a  violation  of  the  Supreme 
Constitutional  law.  *  *  *  The  successful  execution  of 
the  conscription  act  depends  upon  the  settlement  by 
judicial  tribunals  of  its  constitutionality.  *  *  *  It  should 
be  determined  in  advance  of  the  enforcement  which  must 
be  destructive  of  so  many  lives.  It  would  be  cruel  mockery 
to  withhold  such  decision  until  after  the  irremediable 
injury  of  its  execution.  *  *  *  I  do  not  dwell  upon  what 
I  believe  would  be  the  consequence  of  a  violent,  harsh 
policy,  before  the  constitutionality  of  the  act  is  tested. 
You  can  scan  the  immediate  future  as  well  as  I.  I  earnestly 
request  that  you  will  direct  that  the  enrolling  officers 
shall  submit  to  the  State  authorities  their  lists,  and  that 
an  opportunity  shall  be  given  to  me  as  Governor  of  this 
State,  and  to  other  proper  State  officials  to  look  into  the 
fairness  of  these  proceedings." 

To  look  into  the  fairness  of  the  enrolment  and  con 
tribute  to  it,  was  just  what  the  Governor,  without  eficct, 
had  been  earnestly  requested  to  do  by  the  Provost  Marshal 
General's  letter  of  April  25,  1863.  '  His  compliance  would 
have  contributed  to  a  more  prompt  and  equitable  enforce 
ment  of  the  draft.  To  have  submitted  the  lists  to  "  the 
State  authorities"  in  August,  could  have  resulted  only  in 
defeating  the  draft,  or  at  least  leaving  the  time  of  its  en 
forcement  subject  to  the  discretion  of  those  who  did  not 
want  it  enforced  at  all. 

This  probably  is  enough  to  show  that  the  Governor's 
hostility  was  to  the  measure  itself  rather  than  to  the  man 
ner  of  its  execution,  but  more  conclusive  proof  is  given 
in  the  appendix,  documents  E.t  F.,  G.,  H.,  I.  and  J.  being 
letters  from  Generals  Diven,  Canby  and  Dix. 

President  Lincoln,  fully  comprehending  that  the  Gov 
ernor's  object  was  defeat  or  postponement  of  the  draft, 


36  NEW   YORK 

answered  accordingly.  In  a  letter  to  the  Governor,  dated 
August  7,  1863,  after  making  an  arbitrary  reduction  of  the 
quotas  in  certain  districts  in  New  York,  the  President 
said: 

"  Your  communication  of  the  3d  instant  has  been  re 
ceived  and  attentively  considered.  I  cannot  consent  to 
suspend  the  draft  in  New  York,  as  you  request,  because 
among  other  reasons  time  is  too  important. 

****** 

"  I  shall  direct  the  draft  to  proceed  in  all  the  districts, 
drawing,  however,  at  first  from  each  of  the  four  districts, 
to  wit:  the  second,  fourth,  sixth  and  eighth,  only  two 
thousand  two  hundred  being  the  average  quota  of  the 
other  class.  After  this  drawing,  these  four  districts,  and 
also  the  seventeenth  and  twenty-ninth  shall  be  carefully 
re-enrolled  and,  if  you  please,  agents  of  yours  may  witness 
every  step  of  the  process. 

****** 

"I  do  not  object  to  abide  a  decision  of  the  United 
States  Supreme  Court,  or  of  the  Judges  thereof,  on  the 
constitutionality  of  the  draft  law.  In  fact,  I  would  be 
willing  to  facilitate  the  obtaining  of  it,  but  I  can  not  con 
sent  to  lose  the  time  while  it  is  being  obtained." 

*        -      *  *  *  *  * 

The  foregoing  letter  from  the  President  settled  the  ques 
tion  of  delaying  the  draft  on  the  ground  of  testing  the 
constitutionality  of  the  law.  But  by  the  time  (August 
8th)  that  decision  reached  the  Governor  he  had  received 
from  his  Judge  Advocate  General,  Nelson  J.  Waterbury, 
a  report  on  the  subject  of  enrolment  and  draft,  which  en 
abled  the  Governor,  in  his  future  efforts  to  prevent  a  draft, 
to  give  more  prominence  to  alleged  wrongs  in  the  enrol- 


AND    THE   CONSCRIPTION.  37 

ment.     He  wrote  the  President  as  follows  on  the  7th  and 
8th  of  August : 

"ALBANY,  Friday,  August  7,  1863. 
"President  of  the  United  States, 

"  DEAR  SIR: — On  Monday  last,  I  sent  you  a  commu 
nication  with  respect  to  the  Conscription  Act.  I  also  sent 
some  tables  showing  the  injustice  of  the  enrolment.  To 
morrow  I  will  send  you  more  full  and  accurate  statements 
which  will  place  the  errors,  if  they  are  not  shameless 
frauds,  in  a  more  clear  and  striking  light.  I  think  I  have 
information  as  to  the  manner  the  law  has  been  perverted 
which  may  enable  Government  to  bring  some  of  the  enrol 
ling  officers  to  justice. 

"However  much  I  may  differ  from  you  in  my  views  of 
the  policy  of  your  administration,  and  although  I  may, 
unconsciously  to  myself,  be  influenced  by  party  prejudices, 
I  can  never  forget  the  honor  of  my  country  so  far  as  to 
spare  any  effort  to  stop  proceedings  under  the  draft  in 
this  State — and  more  particularly  in  the  cties  of  New 
York  and  Brooklyn — which  I  feel  will  bring  disgrace  not 
only  upon  your  administration,  but  upon  the  American 
name. 

44 1  shall  be  able  to  send  you  those  additional  statements 
in  the  course  of  to-morrow. 

"Truly  Yours,  etc., 

(Signed),  "  HORATIO  SEYMOUR." 

This  letter  was  promptly  supplemented  as  follows : 

"ALBANY,  August  8,  1863. 

"  To  the  President  of  the  United  States. 

"  DEAR. SIR: — I  received  your  communication  of  the 
7th  instant  this  morning.  While  I  recognize  the  conces- 


38  NEW   YORK 

sions  you  have  made,  I  regret  your  refusal  to  comply 
with  my  request  to  have  the  draft  in  this  State  suspended 
until  it  can  be  ascertained  if  the  enrolments  are  made  in 
accordance  with  the  laws  of  Congress  or  with  principles 
of  justice.  I  know  that  our  army  needs  recruits,  and  for 
this  among  other  reasons  I  regret  a  decision  which 
stands  in  th*  way  of  a  prompt  and  cheerful  movement 
to  fill  up  the  thinned  ranks  of  our  regiments.  New  York 
has  never  paused  in  its  efforts  to  send  volunteers  to  the 
assistance  of  our  gallant  soldiers  in  the  field.  It  has  not 
only  met  every  call  heretofore  made,  while  every  other 
Atlantic  and  New  England  State  save  Rhode  Island  was 
delinquent,  but  it  continued  liberal  bounties  to  volun 
teers  when  all  efforts  were  suspended  in  many  other 
quarters.  Active  exertions  are  now  made  to  organize 
new  and  fill  up  old  regiments;  these  exertions  would  be 
more  succesful  if  the  draft  was  suspended,  and  much 
better  men  than  reluctant  conscripts  would  join  our 
armies. 

"  On  the  /th  inst.  I  advised  you  by  letter  that  I  would 
furnish  the  strongest  proofs  of  injustice,  if  not  of  fraud, 
in  the  enrolments  of  certain  districts.  I  now  send  you 
a  full  report  made  to  me  by  Judge  Advocate  General 
Waterbury.  I  am  confident  when  you  have  read  it  you 
will  agree  with  me  that  the  honor  of  the  nation  and  of 
your  administration  demands  that  the  abuses  it  points 
out  should  t?e  corrected  and  punished.  You  say  that  *  we 
are  contending  with  an  enemy  who  as  you  understand 
drives  every  able-bodied  man  he  can  reach  into  his  ranks 
very  much  as  a  butcher  drives  bullocks  into  a  slaughter 
pen.'  You  will  agree  with  me  that  even  this,  if  impar 
tially  done  to  all  classes,  is  more  tolerable  than  any 
scheme  which  shall  fraudulently  force  a  portion  of  the 


AND    THE   CONSCRIPTION.  39 

community  into  military  service  by  a  dishonest  perver 
sion  of  the  law.     You  will   see   by  the  report  of  Mr. 
Waterbury  that  there  is  no  theory  which  can  explain  or 
justify  the  enrolments  in  this  State.     I  wish  to  call  your 
attention  to  the  tables  on  pages  five,  six,  seven  and  eight 
which  show  that  in  the  nine  congressional  districts  of 
Manhattan,    Long   and    Staten    Islands   the   number  of 
conscripts  called  for  is  33,729,  while  in   nineteen  other 
districts   the    number   of  conscripts   called    for   is   only 
39,626 !     This  draft  is  to  be  made  upon  the  first  class ; 
upon  those  between  the  ages  of  twenty  and  thirty-five. 
It  appears  by  the  census  of  1860  that  in  the  first  nine 
congressional  districts  there  are   164,797  males  between 
twenty  and  thirty-five.     They  are  called  upon  for  33,729 
conscripts.     In  the  other  nineteen  districts,  with  a  popu 
lation  of  males  between  twenty  and  thirty-five  of  270,786, 
only  39,626  conscripts  are  demanded.     Again,  to  show 
the  partisan  character  of  the  enrolment,  you  will  find  on 
the  twentieth  page  of  Mr.  Waterbury's  report  that  in  the 
first   nine  congressional  districts  the  total  vote  of  1860 
was   151,243.     The  number  of  conscripts  now  demanded 
is  33»729-     I"  the  nineteen  districts  the  total  vote  was 
457»257»  yet   these  districts  arc  called   upon   to  furnish 
only  39,626  drafted  men.     Each  of  the  nine  districts  gave 
majorities  in  favor  of  one  political  party.     Each  of  the 
nineteen  districts  gave  majorities  in   favor  of  the  other 
party.    You  can  not  and  will  not  fail  to  right  these  gross 
wrongs. 

"  Truly  Yours,  etc., 

(Signed.)    "  HORATIO  SEYMOUR." 

In  relation  to  the  larger  numbers  of  men  found  by  the 
enrolment  to  be  living  in  some  districts  than  in  others  in 


4O  NEW  YORK 

1863,  it  may  be  mentioned  for  what  it  is  worth,  that 
the  war  had  then  been  going  on  about  two  years,  and  its 
early  demands  had  skimmed  off  the  cream  of  the  nation's 
loyalty,  and  very  naturally  most  men  would  be  found  re 
maining  in  those  districts  which  were  most  unfriendly  to 
the  war  or  the  manner  in  which  the  Government  con 
ducted  it. 

To  the  foregoing  communications,  the  President,  on 
the  nth  of  August  replied  as  follows: 

"  EXECUTIVE  MANSION,  WASHINGTON,     ) 
August  II,  1863.) 

11  His  Excellency  Horatio  Seymour, 

Governor  of  New  York. 

•'  Yours  of  the  8th  instant  with  Judge  Advocate  General 
Waterbury's  report  was  received  to-day.  Asking  you  to 
remember  that  I  consider  time  as  being  very  important 
both  to  the  general  cause  of  the  country  and  to  the  soldiers 
already  in  the  field,  I  beg  to  remind  you  that  I  waited  at 
your  request  from  the  1st  to  the  6th  instant  to  receive 
your  communication  dated  the  3rd.  In  view  of  its  great 
length  and  the  known  time  and  apparent  care  in  its  prep 
aration  I  did  not  doubt  that  it  contained  your  full  case 
as  you  desired  to  present  it.  It  contained  figures  for  twelve 
districts,  omitting  the  other  nineteen,  as  I  supposed 
because  you  found  nothing  to  complain  of  as  to  them.  I 
answered  accordingly.  In  doing  so  I  laid  down  the 
principle  to  which  I  proposed  adhering,  which  is  to  pro 
ceed  with  the  draft,  at  the  same  time  employing  infallible 
means  to  avoid  any  great  wrongs.  With  the  communi 
cation  received  to-day  you  send  figures  for  twenty-eight 
districts,  including  the  twelve  sent  before,  and  still  omit 
ting  three  from  which  I  suppose  the  enrolments  are  not 


AND    THE   CONSCRIPTION.  41 

yet  received.  In  looking  over  the  fuller  list  of  twenty- 
eight  districts,  I  find  that  the  quotas  for  sixteen  are  above 
2,000  and  below  2,700,  while  of  the  rest  six  are  above 
2,700  and  six  are  below  2,000.  Applying  the  principle  to 
these  new  facts,  the  5th  and  7th  districts  must  be  added 
to  the  four  in  which  the  quotas  have  already  been  reduced 
to  2,200  for  the  first  draft  and*  with  these  four  others, 
must  be  added  to  those  to  be  re-enrolled.  The  corrected 
case  will  then  stand  :  The  quotas  of  the  2d,  4th,  5th,  6th, 
7th,  and  8th  districts,  fixed  at  2, 200  for  the  first  draft.  The 
Provost  Marshal  General  informs  me  that  the  drawing  is 
already  completed  in  the  i6th,  I7th,  i8th,  22d,  24th,  26th, 
27th,  28th,  29th,  and  3Oth  districts.  In  the  others,  except 
the  three  outstanding,  the  drawing  will  be  made  upon  the 
quotas  now  fixed.  After  the  first  draft  the  2d,  4th,  5th, 
6th,  7th,  8th,  i6th,  I7th,  2ist,  25th,  2Qth,  and  3ist  districts 
will  be  re-enrolled  for  the  purpose  and  in  the  manner 
stated  in  my  letter  of  the  7th  instant.  The  same  principle 
will  be  applied  to  the  now  outstanding  districts  when  they 
shall  come  in. 

"  No  part  of  my  former  letter  is  repudiated  by  reason 
of  not  being  re-stated  in  this,  or  for  any  other  cause. 

"  Your  Obedient  Servant, 
(Signed)          "A".  LINCOLN." 

This  practically  terminated  the  controversy  concerning 
the  enrolment  so  far  as  the  first  draft  (July,  1863)  was 
concerned.  The  subject  received  further  consideration, 
however,  under  a  subsequent  call  for  troops,  as  will  be 
seen  further  on.  A  few  words  more  are  necessary  to 
finish  the  account  of  the  draft  which  had  been  stopped  by 
the  mob  on  the  I3th  of  July,  1863. 

In   addition    to  other   measures  for    suppressing  the 

6 


42  NEW   YORK 

riots,  the  Government  promptly  ordered  home  the  New 
York  militia,  which  had  been  sent  to  Pennsylvania,  and 
on  the  i6th  of  July  the  Secretary  of  War  telegraphed  Gov 
ernor  Seymour  as  follows:  "  Eleven  New  York  regiments 
are  relieved  and  are  at  Frederick  and  will  be  forwarded 
to  New  York  as  fast  as  transportation  can  be  furnished 
them.  Please  signify  to  me  anything  you  may  desire  to 
be  done  by  the  Department.  Whatever  means  are  at  its 
disposal  shall  be  at  your  command  for  the  purpose  of 
restoring  order  in  New  York. 

"  EDWIN  M.  STANTON, 
"  Secretary  of  War." 

On  the  I ;th  of  July  the  Provost  Marshal  General 
issued  a  circular  in  terms  as  follows : 

"The  operations  of  the  draft  lately  ordered  in  the 
New  England  and  Middle  States,  though  in  most  in 
stances  completed  or  now  in  progress  without  opposi 
tion,  have  in  one  or  two  cities  been  temporarily  inter 
rupted.  Provost  Marshals  are  informed  that  no  orders 
have  been  issued  countermanding  the  draft.  Adequate 
force  has  been  ordered  by  the  Government  to  the  points 
where  the  proceedings  have  been  interrupted.  Provost 
Marshals  will  be  sustained  by  the  military  forces  of  the 
country  in  enforcing  the  draft,  in  accordance  with  the 
laws  of  the  United  States,  and  will  proceed  to  execute 
the  orders  heretofore  given  for  draft  as  rapidly  as  shall  be 
practicable  by  aid  of  the  military  forces  ordered  to  co 
operate  with  and  protect  them." 

Prior  to  the  resumption  of  the  draft,  General  Dix  was 
assigned  to  chief  command  in  New  York,  with  General 
Canby  as  immediate  commander  under  him  in  the  city. 
Letters  from  these  two  officers  cited  in  another  connec- 


AND    THE   CONSCRIPTION.  43 

tion  give  some  evidence  of  the  necessity  which  had  sud 
denly  arisen  for  troops  to  carry  out  the  laws.  General 
Dix's  efforts  were  directed  first,  but  without  success,  to 
obtaining  the  requisite  force  from  Governor  Seymour,  as 
shown  by  letter  in  Appendix  K. 

It  was  not  until  the  i$th  of  August  that  the  Governor 
answered  General  Dix's  letters  of  July  3Oth  and  August 
8th,  asking  that  the  State  furnish  the  necessary  force  to 
execute  the  law.  In  consequence  of  the  delay  (see  Gen 
eral  Dix's  letter,  Appendix  N.),  Dix  had  already  applied 
to  the  general  Government  for  troops,  which  were  sent. 

The  Governor  said :  "  As  you  state  in  your  letter  that 
it  is  your  duty  to  enforce  the  act  of  Congress,  and  as  you 
apprehend  its  provisions  may  excite  popular  resistance, 
it  is  proposed  you  should  know  the  position  which  will 
be  held  by  the  State  authorities.  Of  course,  under  no 
circumstances  can  they  perform  duties  expressly  confided 
to  others  ;  nor  can  they  undertake  to  relieve  others  from 
their  proper  responsibilities.  But  there  can  be  no  viola 
tions  of  good  order  or  riotous  proceedings,  no  disturb 
ances  of  the  public  peace  which  are  not  infractions  of  the 
laws  of  the  State,  and  those  laws  will  be  enforced  under 
all  circumstances." 

It  will  be  observed  that  the  only  guarantee  the  Govern 
or  gave  was  that  there  should  be  no  infractions  of  the 
laws  of  the  State.  He  was  asked  whether  he  would  aid 
in  enforcing  a  law  of  the  United  States.  As  he  gave  no 
assurance  on*  that  point  after  the  subject  had  undergone 
full  discussion  and  the  necessity  for  his  co-operation  had 
been  demonstrated  by  the  riots,  it  is  not  to  be  supposed 
that  he  would  have  aided  in  enforcing  the  obnoxious  Con 
scription  Act,  even  if  he  had  known  the  very  moment  when 
the  first  name  was  to  be  drawn  from  the  wheel  by  the 


44  NEW    YORK 

Provost  Marshal  at  the  corner  of  Forty-sixth  Street  and 
Third  avenue,  where  the  riot  began. 

The  Government  had  been  forewarned  by  General  Dix ; 
and  telegrams,  to  be  found  in  Appendices  P.  and  Q.,show 
that  military  operations  in  Virginia  were  modified  to 
answer  the  public  demands  in  New  York,  and  give  the 
strength  of  the  force  detached  from  the  Army  of  the  Po 
tomac  to  enforce  the  Enrolment  Act  in  the  Metropolis 
of  the  Nation. 

It  was  at  that  moment  a  fixed  fact  that  the  draft  would 
be  made  under  the  protection  of  the  United  States 
forces ;  and  that  those  forces  would  promptly  and  effect 
ually  put  down  any  and  all  resistance.  Then  on  the  i8th 
of  August  (1863)  Governor  Seymour  issued  a  proclama 
tion  warning  the  people  against  disorders,  and  saying  : 
"  I  again  repeat  to  you  the  warning  which  I  gave  to  you 
during  the  riotous  proceedings  of  last  month,  that 
the  only  opposition  to  the  conscription  which  can  be  al 
lowed  is  an  appeal  to  the  Courts."  And  adding:  "I 
hereby  admonish  all  judicial  and  executive  officers  whose 
duty  it  is  to  enforce  the  law  and  preserve  public  order, 
that  they  take  vigorous  and  effective  measures  to  put 
down  any  riotous  or  unlawful  assemblages ;  and  if  they 
find  their  power  insufficient  for  that  purpose,  to  call  upon 
the  military  in  the  manner  pointed  out  by  the  Statutes 
of  the  State.  If  these  measures  should  prove  insuffi 
cient,  1  shall  then  exert  the  full  power  of  the  State,  in 
order  that  the  public  order  may  be  preserved,  and  the 
persons  and  properties  of  the  citizens  be  fully  pro 
tected." 

Owing  to  this  proclamation,  and  the  presence  of  ten 
thousand  veteran  troops  from  the  Army  of  the  Potomac, 
there  was  no  resistance  when  the  drawing  was  resumed 


AND    THE   CONSCRIPTION.  45 

in  New  York  City  on   the  iQth  of  August  (1863).     The 
draft  went  on. 

CLAIMS   FOR   CREDITS,   Ac. 

The  Enrolment  Act  required  the  President,  in  assigning 
quotas,  to  give  credit  for  all  volunteers  and  militia  fur 
nished  from  the  beginning  of  the  rebellion,  and  fairness, 
as  well  as  the  terms  of  the  law,  called  for  an  adjustment 
of  accounts.  This  brought  about  a  general  scramble  for 
"  credits,"  in  which  New  York  City  came  out  eminently 
successful. 

A  large  part  of  the  energy  and  industry  which  charac 
terized  the  raising  of  troops  during  the  first  two  years  of 
the  war  was,  early  in  the  third  year,  directed  in  the  differ 
ent  States  and  districts  to  securing  "  credit  "  for  what  had 
been  done,  and  reducing  in  clue  proportion  the  Govern 
ment's  demands  for  what  remained  to  be  done  in  the  way 
of  furnishing  troops  for  the  field.    These  credits  were  not 
only  for  the  soldiers  who  actually  took  the  field,  but  em 
braced  that  class  referred  to  in  the  report  of  the  Adjutant- 
General  of  New  York  of  December  31,  1862,  where  he 
says,  "  the  aggregate  number  of  volunteers  claimed  to 
have  been  enlisted  exceeds  the  number  known  to  have 
left  the  State  since  July  2d,  but  the  difference  can  readily 
be  accounted  for  when  it  is  considered  that  the  offer  of 
bounties  by  towns  and  counties  has  induced  enlistments 
merely  as  a  means  of  obtaining  money.     The  desertions 
consequent  on  such  a  system  and  prompted  by  it,  have 
reached  an  alarming  extent  and  defied  all  ordinary  means 
of  prevention.     It  is  believed  that  in  the  interior  of  the 
State  the  number  of  volunteers  claimed  is  not  in  excess 
of  the  number  actually  enlisted,  though  in  view  of  the 
fact  that  the  payment  of  town  bounties  has  induced  de- 


46  NEW   YORK 

sertion,  and  a  large  number  of  the  recruits  have  been  re 
jected  on  the  final  muster,  it  is  no  doubt  in  excess  of  the 
number  that  have  actually  entered  the  service.     In  the 
counties  comprising  the  first  seven  districts,  however,  the 
difference  between  the  number  of  volunteers  claimed  and 
the  number  known  to  have  actually  entered  the  service  is 
so  great  as  to  render  the  reports  from  these  districts  unre 
liable  as  a  basis  for  establishing  their  deficiencies.     There 
is  no  doubt  that  the  authorities  have  paid  bounties  to  a 
large  number  of  men  who  have  subsequently  deserted, 
and,  indeed,  who  never  had  any  intention  of  entering  the 
service.     So  far  from  this,  there  is  good  evidence  to  be 
lieve  that  there  has  been  an  organized  scheme  through 
which  large  sums  of  money  have  been  drawn  from  the 
authorities   by  persons  who  have  at  once   disappeared, 
perhaps   to   repeat   the    operation    in   another    locality. 
There  is  now  at  large  in  the  districts  mentioned  a  large 
number  of  persons  who  have  deserted  under  these  circum 
stances,  and  it  is  a  question  of  importance  to  determine 
how  far  the  counties  are  to  have  credit  for  them.     It  is 
claimed  that  the  bounties  have   been  paid   in  good  faith 
and  on  evidence  of  enlistment  and  muster  which  appeared 
to  justify   it,  and  that   having  furnished   the    men  and 
turned  them  over  to  the  military  authorities,  the  counties 
cannot  thereafter  be  fairly  held  responsible  for  them,  un 
less  they  were  rejected  on  final  muster.     The  answer  to 
this  is,  that  while  the  military  authorities  are  responsible 
for  desertions  arising  from  ordinary  causes,  they  cannot 
undertake  to  provide  against  it  where  the  enlistment  is 
part  of  a  scheme  to  obtain  money  injudiciously  offered 
after  the  liberal  donations  made  by  the  State  and  general 
Government." 

As  early  as  August  2 1st,  two  days  after  the  draft  was 


AND    THE   CONSCRIPTION.  47 

resumed  in  New  York  City,  Governor  Seymour  sent  a 
letter  to  the  President- urging  the  claims  for  "  credits  "  of 
New  York,  especially  the  city,  which  was  embraced  in 
the  districts  above  discussed  by  the  Adjutant-General  of 
the  State.  The  President  had  the  claims  for  "  credits  " 
adjusted  as  rapidly  and  as  fairly  as  he  could,  but  held  to 
the  enforcement  of  the  Enrolment  Act.  His  position  on 
the  subject  is  shown  by  the  following  telegram  which  he 
sent  to  Governor  Seymour: 

"  Your  dispatch  of  this  morning  is  just  received,  and  I 
fear  I  do  not  perfectly  understand  it.  My  view  of  the 
principle  is  that  every  soldier  obtained  voluntarily  leaves 
one  less  to  be  obtained  by  draft.  The  only  difficulty  is 
in  applying  the  principle  properly.  Looking  to  time,  as 
heretofore,  I  am  unwilling  to  give  up  a  drafted  man  now 
even  for  the  certainty,  much  less  for  the  mere  chance  of  get 
ting  a  volunteer  hereafter.  Again,  after  the  draft  in  any  dis 
trict,  would  it  not  make  trouble  to  take  a  drafted  man  out 
and  put  a  volunteer  in,  for  how  shall  it  be  determined 
which  drafted  man  is  to  have  the  privilege  of  thus  going 
out  to  the  exclusion  of  all  the  others?  And  even  before 
the  draft  in  any  district  the  quota  must  be  fixed  ;  and  the 
draft  might  be  postponed  indefinitely  if  every  time  a  vol 
unteer  is  offered  the  officers  must  stop  and  reconstruct 
the  quota.  At  least  I  fear  there  might  be  this  difficulty  ; 
but  at  all  events  let  credit  for  volunteers  be  given  up  to 
the  last  moment  which  will  not  produce  confusion  or  de 
lay.  That  the  principle  of  giving  credit  for  volunteers 
shall  be  applied  by  districts  seems  fair  and  proper,  though 
I  do  not  know  how  far  by  present  statistics  it  is  practica 
ble.  When  for  any  cause  a  fair  credit  is  not  given  at  one 
time,  it  should  be  given  as  soon  thereafter  as  practicable. 


48  NEW   YORK 

My  purpose  is  to  be  just  and  fair  and  yet  not  to  lose 
time. 

"  A.  LINCOLN." 

The  letter  of  August  2ist  from  Governor  Seymour  to 
the  President,  mentioned  above,  also  conveyed  a  statement 
that  residents  of  New  York  were  being  taken  in  great 
numbers  and  enlisted  in  other  States,  and  a  request  that 
"  a  general  order  be  published  whereby  all  peisons  enter 
ing  the  military  service  of  the  United  States  as  substitutes 
for  conscripts  or  otherwise  shall  be  credited  by  the  proper 
authorities  to  the  State  in  which  they  shall  have  been  en 
rolled  and  liable  to  military  service,  and  that  such  persons 
be  counted  on  the  quota  of  such  States."  This,  besides 
raising  a  point  of  law,  suggested  delay,  or  as  Mr.  Lincoln 
expressed  it  to  Governor  Seymour,  it  brought  in  the  cle 
ment  of  time.  For  example,  if  a  man  enrolled  and  liable 
to  duty  in  Connecticut  were  drafted,  having  by  law  the 
privilege  of  going  in  person  or  furnishing  a  substitute,  he 
might  present  as  his  substitute  a  man  from  New  York. 
Under  the  proposed  order  the  drafting  officers  would  have 
to  ascertain  the  place  of  enrolment,  etc,,  of  the  substitute, 
and  take  the  necessary  steps  for  having  him  credited  to 
that  place,  which,  of  course,  might  be  very  remote,  and 
involve  time  and  correspondence.  But  it  also  involved 
charging  to  the  account  of  the  Government  two  soldiers 
when  it  only  got  one.  The  legal  point  was  referred  to 
the  Judge  Advocate  General  and  he  gave  (See  Appendix 
R.)  an  opinion  adverse  to  Governor  Seymour. 

SECOND  CALL  FOR  TROOl'S  UNDER  THE  ENROLMENT  ACT. 

On  the  i;th  of  October,  1863,  the  President  called  for 
300,000  volunteers,  and  ordered  that  a  draft  be  made  for 


AND    THE   CONSCRIPTION,  49 

all  deficiencies  which  might  exist,  January  5,  1864,  on 
the  quotas  assigned  to  districts  by  the  War  Department. 
This  brought  up  again  the  question  of  the  enrolment  in 
New  York.  The  Herald  article  heretofore  embodied 
quotes  Governor  Seymour  as  saying  of  the  enrolment, 
"  the  matter  was  the  subject  of  a  correspondence  with 
President  Lincoln  which  resulted  in  the  appointment  by 
the  President  of  two  men,  and  of  one  man  by  myself  as 
Governor,  to  conduct  an  inquiry.  The  two  commissioners 
named  by  the  President  were  from  other  States,  were  offi 
cers  of  the  army,  and  were  naturally  inclined  to  distrust 
the  charge  of  unfairness.  They  spent  a  long  time  in  labo 
rious  research  into  the  facts.  Rising  above  all  prejudice, 
they  decided  that  the  quotas  of  New  York  and  Brooklyn 
were  erroneous  and  excessive,  and  should  be  reduced." 

The  members  of  this  commission  were  Wm.  F.  Allen, 
of  New  York,  John  Love,  of  Indiana,  and  Chaunccy  Smith, 
of  Massachusetts.  It  is  not  correct,  as  stated  above,  that 
two  of  them  were  officers  of  the  army.  Judge  Allen,  the 
senior  member,  a  man  of  unquestionable  ability  and  in 
tegrity,  was  a  prominent  Democrat  in  politics.  He  was 
selected  by  Governor  Seymour.  General  Love  had  been 
a  Lieutenant  in  the  army,  but  resigned  February  I,  1853. 
During  the  rebellion  he  was  a  "war"  Democrat,  and  was 
an  active  and  influential  member  of  the  Democratic  party 
to  the  time  of  his  death  a  few  years  ago.  Mr.  Smith,  a 
lawyer  by  profession,  never  an  officer  of  the  army,  was 
probably  not  specially  attached  to  either  political  party. 
These  gentlemen  acquitted  the  enrolling  officers  of  the 
charges  of  unfairness,  outrage,  grievous  wrong-doing,  etc., 
etc.,  which  Governor  Seymour  brought  at  the  time,  and 
which  are  repeated  in  the  newspaper  articles  of  1878  and 
1879  heretofore  quoted,  and  in  the  book  of  1883. 
7 


$O  NEW   YORK 

The  Commission  said:  "  Justice  to  the  enrolling  offi 
cers  and  agents  requires  that  it  should  be  distinctly  stated 
that  their  fidelity  or  integrity  is  by  no  means  impeached 
by  any  inaccuracies  that  may  have  existed  in  the  enrol 
ment.  They  were  the  necessary  result  of  the  execution 
of  the  law  under  the  circumstances,  and  with  the  means 
at  the  command  of  the  officers,  and  it  is  not  perceived  how 
they  could  be  avoided."  In  relation  to  the  correction  of 
the  enrolment,  so  as  to  make  it  a  just  and  proper  basis 
for  the  assignment  of  quotas,  the  Commission  said  :  "  A 
new  enrolment  was  of  course  out  of  the  question,  and 
could  one  have  been  made  it  is  not  perceived  how  the  dif 
ficulties  before  encountered  could  have  been  overcome,  or 
the  mistakes  and  errors  of  the  first  enrolment  amended. 
The  same  causes  of  error  and  imperfection  still  exist  and 
are  at  work,  and  would  undoubtedly  produce  the  same 
results.  The  difficulty  in  the  first  enrolment  was  not  in 
the  enrolling  agents  but  in  the  system,  and  means  and 
appliances  at  the  command  of  the  agents.  The  Commis 
sion  were  unable  to  devise  any  process  or  means  to  correct 
the  enrolment  and  make  it  what  it  should  be  as  a  reliable 
and  satisfactory  basis  for  the  adjustment  of  quotas,  *  *  * 
and  the  Commission  are  of  the  opinion  that  any  enrolment 
made  by  faithful  agents  with  the  present  limitations  on 
their  powers  and  discretion,  and  with  their  present  helps 
and  means,  must  be  excessive  and  cannot  constitute  a 
proper  basis  for  apportionment  of  men  to  be  furnished 
upon  a  call  for  volunteers." 

The  Commission  reached  the  conclusion  that  the  "  way 
the  error  could  be  corrected  and  the  quota  made  right" 
was  to  adjust  the  quota  "  upon  the  basis  and  in  proportion 
to  the  entire  population."  This,  the  Commission  thought, 
would  be  constitutional  and  legal.  On  this  point  the 


AND    THE   CONSCRIPTION.  5 1 

Commission  added  :  "  Without  questioning  or  calling  in 
question  the  construction  of  the  Conscription  Act  in  the 
orders  or  calls  made  under  it,  the  Commission,  in  view  of 
the  fact  that  the  enrolment  is  clearly  and  confessedly  in 
accurate  and  imperfect,  and  in  the  City  of  New  York  ex 
cessive,  arc  unanimously  of  the  opinion  that  the  popula 
tion  constitutes  the  only  safe  and  proper  basis  for  the 
assignment  of  quotas  and  the  apportionment  of  men  to  be 
furnished  by  the  State  of  New  York  upon  a  call  for  vol 
unteers.  But  while  no  other  basis  than  the  enrolment  is 
recommended  for  any  draft  that  may  be  ordered,  the 
Commission  are  unanimously  of  the  opinion  and  recom 
mend  that  in  any  case  if  a  State  or  district  will  and  docs 
furnish  its  just  share  and  proportion  of  men  required  un 
der  any  call  or  order  for  a  draft,  in  proportion  to  popula 
tion,  such  State  or  district  should  be  held  to  have  fully 
complied  with  the  call  and  be  relieved  from  the  draft." 

The  conclusion  of  the  Commission  that  population 
should  be  the  basis  for  quotas,  rests,  mainly,  on  the  assump 
tion  that  (as  they  express  it)  "  a  call  for  volunteers  is  in 
one  sense  a  tax  upon  the  States  and  communities  * 
so  that  the  burthen  falls  upon  property  as  directly  as  if 
Congress  had  laid  a  direct  tax  for  the  same  purpose."  The 
Commission  held  therefore  that  this  process  would  be 
constitutional,  and  that  it'would  be  legal,  they  maintained 
because,  as  they  reported,  "  in  all  the  acts  of  Congress 
thus  far  passed  upon  the  subject  of  raising  volunteers  by 
calls  upon  the  several  States,  population  has  been  made 
the  basis  of  the  apportionment.  Acts  of  July  22,  1861, 
July  25,  1861,  and  July  17,  1862,  are  explicit  upon  the 
subject.  These  acts  are  not  repealed  and  still  apply  to 
any  calls  made  under  them,  and  whether  they  should 
govern  the  call  of  October  17,  1863,  is  not  for  the  Com- 


52  NEW   YORK 

mission  to  decide.  They  are  only  referred  to  as  expres 
sions  of  the  judgment  of  the  legislature,  of  the  proper 
basis  for  a  call  for  volunteers,  where  no  other  mode  is 
prescribed." 

As  soon  as  the  Commission's  report  reached  Washing 
ton  the  Provost  Marshal  General  was  required  to  give  his 
views  upon  it,  which  he  did  both  verbally  and  in  writing. 
He  pointed  out  the  fact  that  the  call  of  October  17,  1863, 
then  pending,  was  not  made  under  the  Acts  of  1861,  or 
1862,  authorizing  volunteers  to  be  called  out  on  the  basis 
of  population,  but  was  made  under  the  Enrolment  Act  of 
March  3,  1863,  which  called — as  shown  by  the  President's 
proclamation  and  instructions  given  at  the  time — for  per 
sonal  service  and  not  taxes,  and  which  required  the  ap 
portionment  of  quotas  to  be  made  on  the  basis  of  the  en 
rolment,  and  said:  "The  Commission  has  evidently  been 
absorbed  by  the  conviction  that  the  raising  of  men  is,  and 
will  necessarily  continue,  to  be  equivalent  to  levying  spe 
cial  taxes  and  raising  money,  and  they  would  therefore 
require  the  same  proceeds  under  the  Enrolment  Act  from 
a  district  of  rich  women  which  they  would  from  a  district 
with  the  same  number  of  men  of  equal  means.  I  assume 
that  we  are  looking  for  personal  military  service  from  those 
able  to  perform  it,  that  we  make  no  calls  for  volunteers 
in  the  sense  in  which  the  Commission  understands  it,  but 
that  we  assign  to  the  districts  under  the  Enrolment  Act 
fair  quotas  of  the  men  we  have  found  them  to  contain." 
*  *  *  "  That  for  the  Government  to  defer  personal  ser 
vice  for  the  purpose  of  enabling  the  people  to  raise  money 
to  be  used  as  bounties  would  be  to  depart  from  the  sound 
principles  of  the  law  by  which  it  can  require  and  secure 
the  services  of  its  forces." 

The  Provost  Marshal  General  maintained  that  the  Com- 


AND    THE   CONSCRIPTION.  53 

mission  were  too  strict  and  absolute  in  their  construction 
of  the  terms  "  erroneous  and  imperfect,"  as  applied  to 
the  enrolment,  and  of  the  term  "just  and  equitable,"  as 
applied  to  the  quotas  based  upon  it.     He  said  :  "  I  do 
not  dispute  that  'the  enrolment  in  the  State  of  New  York 
is  erroneous  and  imperfect,'  but  I  deny,  and  the  Commis 
sion  has  failed  to  establish,  that  its  errors  and  imperfec 
tions  are  greater  than  those  to  be  found   in  any  other 
basis  that  could  be  obtained.     I  do  not  dispute  that  '  it 
cannot  be  relied  upon  as  a  just  and  equitable  basis  for  the 
assignment  of  quotas;'    but  I  assert,   and   no  one  can 
deny,  that  no  just  and  equitable  basis  can  be  found   for 
the  assignment  of  quotas,  and  in  this  war  our  cause  would 
be  lost  if  all  men  stood  exactly  on  the  order  of  their  going. 
*     *     *     The  Commission  states  that  the  inaccuracies  of 
the  enrolment  were  a  necessary  result,  under  the  circum 
stances,  but  it  fails  to  show  that  inaccuracies  to  an  equal 
or  greater  extent  would  not  appear  on  any  other  basis. 
The  Commission  seems  to  have  disregarded  the  fact  that 
the  sources  of  error  were  well   known   to  the   officers  of 
this  bureau,  and  that  extraordinary  pains  were  taken  to 
remove  them,  and  it  condemns  the  enrolment  after  arriving 
at  certain  results  by  a  comparison  of  the  enrolment  of  1863, 
with  certain  tables  prepared  by  it  from  the  census  of  1860. 
It  is  not  deemed  necessary  to  discuss  at  length  the  results 
derived  from  such  a  comparison.     The  census  of  1860  is 
no  more   likely   to  have   been   correct   throughout   the 
country  at  the  time  it  was  taken  than  the  enrolment  is 
now,     *     *     *    but  if  the  census  in  1860,  and  the  enrol 
ment  of  1863,  were  at  those  periods  equally  near  correct, 
it  is  unreasonable  if  not  absurd  to  suppose  that  the  mu 
tations  of  three  years  have  not  added  so  much  to  the 
inaccuracies  of  the  census  of  1860  as  to  render  it  at  this 


54  NEW   YORK 

time  more  unreliable  and  unjust  as  a  basis  for  quotas  than 
the  enrolment  of  1863."  In  relation  to  the  Commission's 
finding  that  it  was  "  unable  to  devise  any  process  or 
means  to  correct  the  enrolment  and  make  it  what  it 
should  be  as  a  reliable  and  satisfactory  basis  for  the  ad 
justment  of  the  quota,"  the  Provost  Marshal  General 
reported  that  *'  if  correct,  this  conclusion  of  the  Commis 
sion  in  connection  with  what  precedes  it  would  of  course 
lead  to  an  entire  abandonment  of  the  enrolment,  and  all 
action  dependent  upon  it." 

The  general  Government  regarded  giving  up  the  enrol 
ment  at  that  time  as  abandoning  the  reinforcement  of  the 
armies,  and  a  surrender  to  the  rebellion.  There  was  no 
doubt  in  Washington  that  the  original  Enrolment  Act 
contemplated  the  basing  of  quotas  on  the  enrolment.  If 
there  was  doubt  elsewhere  as  to  the  purpose  of  Congress 
it  was  removed  by  the  amended  act  approved  February 
24,  1864,  which  says  the  quotas  of  wards,  precincts,  etc., 
"  shall  be  as  nearly  as  possible  in  proportion  to  the  num 
ber  of  men  resident  therein  liable  to  render  military 
service." 

The  Provost  Marshal  General  insisted  "notwithstand 
ing  the  inability  of  the  Commission  to  devise  any  means 
by  which  the  enrolment  can  be  made  what  it  should  be  as 
a  reliable  basis,"  that  as  it  stood  it  was  the  legal  and  best 
basis,  and  that  its  material  errors  could  be  corrected,  and 
he  pointed  out  the  sources  of  improvement  which  could 
be  counted  on. 

Mr.  William  Whiting,  Solicitor  of  the  War  Depart 
ment,  said  in  an  official  opinion  concerning  the  legality 
of  the  enrolment:  "  The  original  enrolment  was  made 
in  pursuance  of  the  Act  of  March  3,  1863,  Chapter 
75,  and  though  some  names  were  omitted  which  should 


AND    THE   CONSCRIPTION.  55 

have  been  added,  and  other  names  were  inserted  which 
should  have  been  omitted,  yet,  considering  the  novelty 
of  the  law,  the  great  number  of  officers  acting  under 
it  without  experience  and  the  magnitude  and  diffi 
culty  of  the  labor  they  were  called  on  to  perform,  it 
is  remarkable  that  the  enrolment  was  so  speedily  and 
correctly  made." 

There  were  grave  objections  already  indicated,  to 
basing  quotas  on  the  census  instead  of  the  enrolment. 
The  population  to  be  used  for  the  purpose  was  that  of 
1860.  If  it  were  a  fair  basis  when  made  the  lapse  of 
three  years  had  effected  great  changes  in  it,  especially  in 
regard  to  the  men  liable  to  military  service.  During 
the  first  two  years  of  the  struggle  the  States  and  Districts 
most  ardent  in  support  of  the  war  had  sent  forward  as 
volunteers  a  much  larger  proportion  of  their  men  than 
those  States  and  Districts  which  opposed  or  were  indif 
ferent  to  the  war.  To  require  the  former  to  furnish  from 
the  men  remaining  a  quota  based  on  the  population 
including  those  who  had  gone  to  the  field  would  have 
been  worse  than  simple  injustice  ;  it  would  have  been 
punishing  prompt  and  liberal  response  to  the  demands  of 
the  Government  and  rewarding  neglect  and  refusal  to 
comply  with  those  demands.  Nevertheless  as  a  conces 
sion  to  Governor  Seymour  the  President,  without  surren 
dering  the  principle,  reduced  the  quota  of  New  York  and 
disposed  of  the  subject  as  follows : 

"  EXECUTIVE  MANSION,         J 
WASHINGTON,  February  27,  1864.  J 

44  Hon.  Secretary  of  War  : 

"  SIR  :— -You  ask  some  instructions  from  me  in  relation 
to  the  Report  of  special  Commission  constituted  by  an 


$6  NEW  YORK 

order  of  the  War  Department,  dated  December  5,  1863, 
*•  to  revise  the  enrolment  and  quotas  of  the  City  and 
State  of  New  York,  and  report  whether  there  be  any, 
and  what  errors  or  irregularities  therein,  and  what  correc 
tions,  if  any,  should  be  made.' 

"  In  the  correspondence  between  the  Governor  of  New 
York  and  myself  last  summer,  I  understood  him  to  com 
plain  that  the  enrolments  in  several  of  the  districts  of 
that  State  had  been  neither  accurately  nor  honestly  made ; 
and  in  view  of  this,  I,  for  the  draft  then  immediately  ensu 
ing,  ordered  an  arbitrary  reduction  of  the  quotas  in  several 
of  the  districts  wherein  they  seemed  too  large,  and  said  : 
'After  this  drawing,  these  four  Districts,  and  also  the  seven 
teenth  and  twenty-ninth,  shall  be  carefully  re-enrolled, 
and,  if  you  please,  agents  of  yours  may  witness  every 
step  of  the  process.'  In  a  subsequent  letter  I  believe 
some  additional  districts  were  put  into  the  list  of  those 
to  be  re-enrolled.  My  idea  was  to  do  the  work  over,  accord 
ing  to  the  law,  in  presence  of  the  complaining  party,  and 
thereby  to  correct  anything  which  might  be  found  amiss. 
The  Commission,  whose  work  I  am  considering,  seem  to 
have  proceeded  upon  a  totally  different  idea.  Not  going 
forth  to  find  men  at  all,  they  have  proceeded  altogether 
upon  paper  examinations  and  mental  processes.  One  of 
their  conclusions,  as  I  understand,  is,  that  as  the  law 
stands,  and  attempting  to  follow  it,  the  enrolling  officers 
could  not  have  made  the  enrolments  much  more  accu 
rately  than  they  did.  The  report,  on  this  point,  might  be 
useful  to  Congress.  The  Commission  conclude  that  the 
quotas  for  the  draft  should  be  based  upon  entire  popula 
tion,  and  they  proceed  upon  this  basis  to  give  a  table  for 
the  State  of  New  York,  in  which  some  districts  are 
reduced  and  some  increased.  For  the  now  ensuing  draft, 


AND    THE   CONSCRIPTION.  57 

let  the  quotas  stand,  as  made  by  the  enrolling  officers, 
in  the  districts  wherein  the  table  requires  them  to  be 
increased  ;  and  let  them  be  reduced  according  to  the 
table  in  the  others:  —  This  to  be  no  precedent  for  subse 
quent  action  ;  but  as  I  think  this  report  may,  on  full 
consideration,  be  shown  to  have  much  that  is  valuable  in 
it,  I  suggest  that  such  consideration  be  given  it  ;  and 
that  it  be  especially  considered  whether  its  suggestions 
can  be  conformed  to  without  an  alteration  of  the  law. 
11  Yours  truly, 

"A.  LINCOLN." 

"  Referred  to  Col.  Fry,  Provost  Marshal  General,  with 
directions  to  make  the  ensuing  draft  in  New  York  in 
conformity  with  the  instructions  of  the  President  herein 
contained. 

'•  EDWIN  M.  STANTON, 


From  this  time  on,  the  revision  of  the  enrolment  was 
continuously  and  carefully  conducted  by  the  War  De 
partment,  but  without  any  special  aid  or  co-operation 
from  Governor  Seymour,  and  without  further  definite 
complaint  from  him  until  a  new  draft  was  ordered  the 
following  summer. 

THE  THIRD  CALL  UNDER  THE  ENROLMENT  ACT,   ETC. 

The  President  made  a  call  on  the  i8th  of  July,  1864, 
for  500,000  men,  and  quotas  based  on  the  revised  enrol 
ment  were  distributed.  On  the  3d  of  the  following 
month  —  August  —  Governor  Seymour  in  a  letter  to  the 
Secretary  of  War  renewed  his  opposition  to  the  enrol 
ment  and  quotas  of  his  State,  especially  the  Cities  of  New 
York  and  Brooklyn,  He  said:  "It  is  my  duty  to  call 
8 


$8  NEW   YOKK 

your  attention  to  the  enrolment  made  with  a  view  to  the 
draft  lately  ordered  by  the  President.  *  *  *  Since 
the  enrolments  were  made  there  has  been  no  opportunity 
to  correct  them.  Neither  can  this  be  done  in  time. 
While  names  may  be  added  to  the  lists,  those  which  are 
improperly  placed  there  cannot  be  stricken  off.  In  large 
cities  the  names  in  excess  cannot  be  detected,  as  the 
citizens  are  not  familiar  with  the  names  and  condition  of 
their  neighbors.  In  the  country  it  is  otherwise."  Refer 
ring  to  the  commission  through  which  the  quotas  of  the 
preceding  year  were  reduced,  he  said  :  "  I  urge  that  some 
similar  plan  be  adopted  now,  whereby  the  quotas  of  this 
State  which,  especially  in  the  districts  I  have  named,  in 
cluding  New  York  City  and  Brooklyn,  appear  to  be  un 
equal  and  oppressive,  may  be  adjusted  equitably  in  pro 
portion  to  the  demands  made  in  other  parts  of  the 
country.1' 

Under  date  of  August  10,  1864,  the  Provost  Marshal 
General  reported  to  the  Secretary  of  War  on  the  matters 
submitted  in  the  Governor's  letter.  He  showed  that  the 
Governor  was  entirely  mistaken  in  saying  "  since  the  en 
rolments  were  made  there  has  been  no  opportunity  to 
correct  them  ;"  that,  on  the  contrary,  special  opportunities 
had  been  afforded  to  make  correction^,  commencing  as 
far  back  as  November  17,  1863,  when  orders  were  pub 
lished  for  that  purpose.  He  added  that  the  Governor 
was  informed  of  these  opportunities,  and  he  quoted  a 
communication  issued  from  the  Governor's  own  head 
quarters,  and  signed  by  his  Adjutant-General,  embodying 
the  Provost  Marshal  General's  orders  of  May  18  and 
19,  1864,  which  orders  directed  that  no  efforts  be  spared 
to  revise  the  enrolment,  and  that  explanation  be  made  to 
the  people  of  their  interest  in  aiding  the  revision. 


AND    THE   CONSCRIPTION.  59 

The  Governor  said  in  his  letter,  "  if  a  comparison  is 
made  between  cities  of  different  States,  the  disproportion 
of  men  demanded  from  New  York  and  Brooklyn  is  still 
more  startling.  While  in  these  cities  twenty-six  per  cent, 
of  the  population  is  enrolled,  in  Boston  only  twelve  and 
a  half  per  cent.,  or  less  than  one-half  that  ratio,  are  liable 
to  be  drafted." 

To  this  the  Provost  Marshal  General  replied  :  "  I  am 
unable  to  see  by  what  mode  of  calculation  this  startling 
disproportion  is  arrived  at.  The  population  of  New 
York  City  and  Brooklyn,  by  the  last  census,  is  1,092,791. 
The  enrolment  in  those  cities  is  184,925,  the  percentage 
of  the  population  winch  has  been  enrolled  is  therefore 
16.92.  I  cannot  discover  how  the  Governor  can  make  it 
26.  The  percentage  in  Boston  is  correctly  given  at  12.50 
Instead  of  the  ratio  of  enrolled  men  to  population  in  Bos 
ton  being  '  less  than  one  half  the  same  ratio  in  New 
York  and  Brooklyn,  it  appears  that  there  is  a  difference  of 
but  one  quarter  between  the  two.  The  'startling'  dis 
proportion,  therefore,  seems  to  be  founded  not  altogether 
upon  fact,  but  partially  at  least,  upon  an  error  in  calcula 
tion  ;"  and  speaking  of  the  discrepancies  which  the  Gov 
ernor  claimed  by  comparisons  between  the  enrolment  and 
population,  he  added,  the  enrolment  4<  is  a  mere  question 
of/<7f/;  it  is  the  ascertainment  of  the  number  of  men  of 
a  certain  description  in  defined  areas;  it  was  made  with 
care,  and  has  been  revised  with  pains  on  the  part  of  the 
United  States'  officers  ;  and  there  is  no  force  in  the  com 
parisons  instituted  by  the  Governor  of  New  York,  except 
so  far  as  they  show  that  the  interest  taken  by  the  popu 
lation  in  perfecting  the  enrolment  is  greater  in  some 
places  than  in  others."  The  Provost  Marshal  General 
showed  further  that  the  enrolment  lists  were  continu- 


60  NEW    YORK 

ously  open  to  revision,  and  that  any  name  erroneously  on 
them  would  be  stricken  off  as  soon  as  the  error  was 
pointed  out  to  the  Hoard  of  Enrolment  by  anybody.  He 
also  showed  that  while  the  quotas  of  New  York  were 
larger  than  those  of  the  New  England  States,  they  were 
smaller  than  those  of  New  Jersey,  much  smaller  than 
those  of  several  of  the  Western  States  (where  the  propor 
tion  of  men  was  large),  and  that  they  were  but  104  men 
per  congressional  district  above  the  average  of  the 
United  States  ;  and  he  closed  by  saying  :  "  I  can  see  no 
reason  why  the  law  should  not  be  applied  to  New  York 
as  well  as  to  the  other  States." 

The  Secretary  of  War  then  addressed  a  letter  to  Gov 
ernor  Seymour  as  follows  : 

"  WAR  DKI'ARTMKNT,  \ 

WASHINGTON  CITY, 

August  11,  18(14.    ) 

44  SIR  :  In  answer  to  your  letter  of  the  3d  instant  I  have 
the  honor  to  submit  the  report  of  the  Provost  Marshal 
General,  which  I  trust  will  satisfy  you  that  the  objections 
which  you  have  made  against  the  quotas  assigned  to  the 
State  of  New  York  are  not  well  founded. 

44  Your  communication  contains  no  specification  of 
unfaithfulness,  neglect  or  misconduct  by  any' enrolling 
officer,  nor  that  any  errors  or  mistakes  exist  in  the  enrol 
ment  but  what  are  unavoidable  in  making  an  enrolment 
or  taking  a  census.  The  opportunity  for  the  interested 
localities  to  revise  and  correct  the  draft,  under  the  pro 
visions  of  the  law,  has  been  afforded,  and  will  continue 
down  to  the  time  of  the  draft.  A  Commission  was  ap 
pointed  last  year  with  a  view  to  ascertain  whether  any 
mistakes  or  errors  had  been  made  by  the  enrolling 
officers ;  but  the  commissioners  bore  their  testimony  to 


AVI)    THK   CONSCRIPTION.  6 1 

the  fidelity  with  which  the  work  was  done.  -They  were 
of  opinion,  however,  that  the  basis  or  principle  for  the 
assignment  of  quotas  operated  unequally  in  New  York, 
and,  with  a  view  to  harmony,  the  President  directed  a 
••eduction  in  some  districts,  but  without  the  increase  of 
others  recommended  by  the  commissioners.  The  basis 
for  the  assignment  is  now  fixed  absolutely  by  act  of  Con 
gress,  and  this  department  has  no  power  to  change  it. 

"  In  your  letter  of  the  3d  inst.  it  is  stated  that  you  'do 
not  mean  to  find  fault  with  those  who  made  them  (the 
enrolments)  in  New  York  and  Brooklyn.' 

44  It  is  plain,  then,  that  a  Commission  could  do  no  more 
than  substitute  some  other  basis  of  assigning  the  quota, 
as  was  done  by  the  Commission  of  last  year;  and  this 
course  would  now  be  contrary,  to  the  terms  of  the  statute. 
A  Commission,  therefore,  would  only  operate  to  hinder 
and  delay  the  Government  in  strengthening  the  armies  in 
the  field,  enable  the  enemy  to  protract  the  war,  and  ex 
pose  our  arms  to  disaster  and  defeat.  I  do  not,  therefore, 
feel  authorized  to  appoint  a  Commission  : 

"  First. — Because  there  is  '  no  fault  found  '  by  you  with 
the  enrolling  officers,  nor  any  mfstake,  fraud  or  neglect  on 
their  part  alleged  by  you,  requiring  investigation  by  a 
Commission. 

11  Second. — The  errors  of  the  enrolment,  if  there  be  any, 
can  readily  be  corrected  by  the  Board  of  Enrolment  es 
tablished  by  law  for  the  correction  of  the  enrolment. 

"  Third. — The  commission  would  not  have,  nor  has  the 
Secretary  of  War,  or  the  President,  power  to  change  the 
basis  of  the  draft  prescribed  by  the  Act  of  Congress. 

"  Fourth. — The  commission  would  operate  to  postpone 
the  draft,  and  perhaps  fatally  delay  strengthening  the 


62  NEW   YORK 

armies  now  in  the  field,  thus  aiding  the  enemy  and  endan 
gering  the  National  Government.    - 

"  Every  facility  will  be  afforded  by  this  department  to 
correct  any  error  or  mistake  that  may  appear  in  the  en 
rolment,  and  no  effort  will  be  spared  to  do  justice  to  the 
Cities  of  New  York  and  Brooklyn,  and  apply  the  law  with 
equality  and  fairness  to  every  district  and  in  every 
State. 

"  I  have  the  honor  to  be, 
11  Very  respectfully, 

14  Your  obedient  servant, 
"  EDWIN  M.  STANTON, 

"  Secretary  of  War. 
"  To  HIS  EXCELLENCY, 
"  HORATIO  SEYMOUR, 

"GOVERNOR  OK  NEW  YORK,  ALIIANY." 

In  his  correspondence  of  1863  Governor  Seymour  al 
leged  grievous  wrongs — "  errors,  if  they  are  not  shameless 
frauds,"  etc, — against  the  officers  of  the  general  Govern 
ment  charged  with  the  enrolment.  The  request  for  his 
full  co-operation  in  making  that  enrolment  was  supple 
mented  by  applications  for  his  aid  in  revising  it,  Mr. 
Lincoln  saying  August  7,  1863,  "  agents  of  yours  may 
witness  every  step  of  the  process."  In  1864,  however,  as 
shown  by  the  letter  to  which  the  above  is  an  answer, 
while  still  complaining  of  the  result  of  the  enrolment, 
the  Governor  acquits  the  officers  whom  he  had  previously 
accused.  I^e  says  (letter  August  5,  1864,  to  Secretary 
of  War),  "  I  do  not  mean  to  find  fault  with  those  who 
made  them  in  New  York  and  Brooklyn."  This  revised 
judgment  in  1864,  when  he  was  better  informed  on  the 
subject  than  in  1863,  does  not  appear  in  the  ffcrnld  of 


AND    THE   CONSCRIPTION.  63 

1878,  the  Times  of  1879,  heretofore  quoted,  nor  in  the 
Twelve  Americans  of1  1883,  which  purport  to  give  Gov 
ernor  Seymour's  views  at  present. 

The  act  for  enrolment  and  draft  was  unpopular  and 
very  difficult  to  execute.  It  has  not  been  the  purpose  in 
this  account  to  apologize  for  the  shortcomings  and  blun 
ders  which  attended  the  administration  of  it.  They  arc 
left  to  the  judgment  of  the  impartial  historian,  who,  no 
doubt,  will  view  them  in  the  light  of  attending  circum 
stances.  Documents  enough  have  been  produced,  how 
ever,  to  show  that  Governor  Seymour's  real  opposition 
was  to  the  law  itself,  and  he  was  so  earnest  and  persistent 
in  that  as  to  prevent  him  from  being  an  impartial  judge 
of  the  manner  in  which  the  law  was  carried  out. 

In  the  fall  of  1864  the  Democratic  party  lost  the  State 
of  New  York,  and  on  the  1st  of  January,  1865,  Governor 
Fenton,  a  Republican,  succeeded  Governor  Seymour. 


APPENDIX  A. 

CHAPTER  XII, 

TIIK    DRAFT    RIOTS   OF    1863. 

EARLY  in  July,  1863,  Governor  Seymour  received  from  General  Wool,  the 
United  States  officer  in  command  of  the  department,  a  letter  in  which  he 
declared  that  New  York  City  was  absolutely  without  defence  from  attacks 
which  might  he  made  by  rebel  gun-boats  or  ships-of-war,  and  asked  for 
State  troops  to  hold  the  harbor  fortifications.  The  communication  was  a 
most  urgent  one.  The  City  of  New  York  was  not  only  the  financial  centre 
of  the  Union,  but,  to  a  great  extent,  the  treasury  of  the  nation  and  storehouse 
of  the  Army  and  Navy.  Knowing  that  such  an  attack  as  General  Wool  feared 
would  be  followed  by  evils,  the  extent  of  which  no  man  could  estimate,  Gov. 
Seymour,  without  delay,  set  about  complying  with  the  request  made  by  the 
representative  of  the  Government,  and  at  the  same  time  determined  that  he 
would  himself  make  an  inspection  of  the  fortifications.  Accompanied  by  ex- 
Gov.  Morgan  and  Controller  Kobison,  he  did  so,  and  found  that  General  Wool's 
fears  were  only  too  well  founded,  The  so-called  defences  on  the  East  River 
and  in  the  harbor  were  tantamount  to  no  defences  at  all,  and  at  Throgg's 
Neck  many  of  the  guns  commanding  the  entrance  to  the  city  through  the 
Sound  were  not  even  mounted.  Thoroughly  alarmed,  and  greatly  fearing 
that  some  adventurous  rebel  cruiser  might  obtain  information  of  the  city's 
condition,  the  Governor,  with  characteristic  energy,  gave  orders  for  the 
transportation  of  troops  from  Rochester  and  other  points  in  the  interior  to 
the  city  fortifications.  On  Sunday,  July  12,  while  he  was  at  Long  Hranch 
and  still  engaged  in  this  work  of  providing  for  the  defence  of  the  coast,  he 
was  startled  by  a  telegram,  informing  him  that  the  long-threatened  and 
much-dreaded  conscription  of  men  for  the  Union  Army  had  been  commenced 
in  New  York  City.  This  telegram  was  a  private  one.  Gov.  Seymour  never 
received  any  official  notification  that  the  draft  was  to  commence,  or  that  it 
had  commenced,  nor  was  any  such  notification  sent  to  Mr.  Opdyke,  the 
Mayor  of  the  City,  or  to  General  Wool,  the  United  States  officer  in  command. 
Without  any  communication  with  those  gentlemen  or  with  the  Department 
9 


66  APPENDIX  A. 

of  Police,  and  without  for  a  moment  considering  that  the  forts  and  arsenals 
of  the  city  had  been  stripped  of  their  garrisons,  that  nearly  every  volunteer 
soldier  and  militiaman  in  the  State  had,  at  the  urgent  call  of  the  President, 
been  hurried  off  to  the  support  of  Meade  and  the  defence  of  terror-stricken 
Pennsylvania,  the  Provost  Marshal — at  whose  order  is  to  this  day  a  matter 
of  doubt — commenced  the  draft.  The  drawing  began  on  Saturday  in  a 
district  where  the  enrolment  was  so  excessive,  so  grossly  unjust,  that  the 
Government  subsequently  ordered  it  to  be  changed.  Most  of  those  whose 
names  came  from  the  wheel  were  of  one  nationality,  a  nationality  noted  as 
much  for  its  warm-hearted  impulse  and  reckless  generosity  as  for  its  tend 
ency  to  riot  and  disorder.  The  names  of  the  conscripts  appeared  in  the 
papers  on  Sunday,  when  they  had  ample  time  to  meet  together  and  curse  the 
conscription.  It  has  been  claimed  that  there  was  in  all  this  a  deep-seated 
design  for  political  purposes,  to  force  a  portion  of  the  community  into  such 
excesses  as  would  make  it  necessary  to  declare  the  Empire  City  under  martial 
law.  This  claim  has  not  been  justified,  bat  that  the  Provost  Marshals,  or 
those  behind  them,  by  their  action  in  the  matter,  threw  prudence,  propriety, 
and  common  sense  to  the  winds,  there  can,  in  view  of  subsequent  events,  be 
no  doubt. 

Because  of  his  connection  with  the  terrible  riots  which  followed  this  con 
scription,  managed  or  mismanaged,  as  it  was,  with  criminal  recklessness, 
Gov.  Seymour  has  been  ns  severely  criticised,  and  perhaps  mure  bitterly 
denounced  than  any  public  man  of  his  time.  It  is  possible  that  the  follow 
ing  details  of  that  connection,  details  heretofore  known  only  to  a  few  in 
timate  friends,  may  cause  tliost;  who  so  criticised  and  denounced  him  to 
form  a  different,  and  it  may  be  a  juster,  opinion  of  his  motives  and  action. 
On  Sunday  night,  when  he  first  received  word  that  the  draft  was  actually  in 
progress,  he  tried  to  make  his  way  to  the  city,  but  found  that  he  could  not 
do  so.  The  next  morning,  at  a  very  early  hour,  he  received  a  second  tele 
gram,  informing  him  that  serious  disturbances  were  expected  to  follow  the 
announcementiof  the  conscription.  Fearing  the  worst,  and  without  having 
tasted  food,  he  hurried  to  the  metropolis,  and,  being  previously  advised, 
went  at  once  to  the  St.  Nicholas  Hotel.  Here  he  found  Mayor  Opdyke, 
General  Wool,  and  Mr.  Barney,  the  Collector  of  the  Port,  already  assembled. 
Without  disparagement  to  those  gentlemen,  it  may  be  said  that  they  were 
more  sensible  of  the  danger  which  threatened  the  city  than  they  were  of  any 
expedient  by  which  it  might  be  averted.  They  had  every  reason  to  be 
alarmed.  A  mob,  comprising  thousands  of  ruffians  maddened  by  drink,  was 
at  large  in  the  streets.  The  Provost  Marshal's  office  had  been  sacked,  and 
the  block  of  buildings  in  which  it  was  situated  burned  to  the  ground.  The 
fire-bells  tolled  out  terrible  warnings.  Clouds  of  lurid  smoke  shut  out  the 


APPENDIX  A.  67 

sun.  The  authorities  were  openly  defied.  Riot  ruled  the  town.  No  man 
could  say  what  an  hour  would  bring  forth.  The  very  air  was  filled  with  un 
told  alarm. 

Hardly  had  the  chief  magistrate  of  the  State  arrived  at  the  St.  Nicholas 
Hotel  when  the  proprietor,  fearing  that  his  presence  and  that  of  other  offi 
cers  of  the  law  might  incite  the  mob  to  attack  the  building,  begged  him  for 
God's  sake  to  leave  it.  He  and  Mayor  Opdykc  did  so.  They  hastened  to 
the  City  Hall,  and  with  the  scant  means  at  their  command,  did  everything 
possible  to  put  down  the  disturbances.  The  city  was  declared  in  a  state  of 
insurrection.  In  order  that  there  might  be  no  conflict  between  the  militia 
and  the  police  force,  which  was  believed  to  be  unfriendly  to  the  State  Govern- 
ment,  Mr.  Seymour  gave  to  General  I^edlic,  a  Republican,  authority  to  repre 
sent  him,  and  to  deal  with  the  police  and  military. 

Hut  still  the  riot  went  on.  Men  were  shot  down  in  the  streets,  houses 
were  sacked,  and  great  buildings  fell  crumbling  in  flame.  A  crowd  gathered 
round  the  City  Hall.  There  were  in  it  quiet,  respectable  men,  and  others 
mad  with  excitement.  The  Governor  was  called  upon  to  speak.  Hoping 
to  disperse  the  mob,  desiring  to  conciliate  the  good  citizens  in  the  crowd, 
and,  above  all  things,  wishing  to  gain  time,  protect  property,  and  prevent 
bloodshed  (these  were  his  motives,  as  he  himself  has  explained  them  to  me), 
he  went  boldly  before  the  excited  people  and  implored  them  to  disperse  to 
their  homes  without  further  violations  of  the  peace.  At  the  same  time  he 
said,  according  to  one  report  of  his  short  and  hurried  speech — a  report  the 
accuracy  of  which  he  has  even  now  no  desire  to  question — "  I  beg  you  to 
listen  to  m<;  as  a  friend,  for  I  am  your  friend  and  the  friend  of  your  families.' 
Further  than  this,  he  assured  them  that  if  they  had  been  wronged  in  anyway, 
he  would  use  every  exertion  to  see  that  justice  was  done  them.  Then  the 
crowd  left  the  City  Hal!  Square,  and  from  that  day  to  this  Horatio  Seymour 
has  been  by  one  class  of  the  community  denounced  for  "  holding  a  palaver 
with  bloody  criminals"  and  making  "friends"  of  thieves,  cut-throats,  and 
ruffians.  Governor  Seymour  does  not  desire  to  reply  to  these  attacks.  In 
vindication  of  his  course,  if  such  vindication  be  necessary,  he  simply  points 
to  the  fact  that  in  forty-eight  hours  the  riots,  undoubtedly  the  most  formi 
dable  which  ever  occurred  on  this  continent,  were  checked  and  controlled 
by  the  State  and  city  authorities  without  aid  from  the  General  Government. 
In  order  to  accomplish  this  result  it  was  necessary  for  the  law  officers,  acting 
under  the  authority  of  the  Governor,  to  shoot  down  nearly  a  thousand  of  the 
rioters  whom  he  has  been  accused  of  "  temporizing"  with. 

Regarding  this  terrible  period  in  the  history  of  the  city,  Governor  Seymour 
has  long  remained  silent,  but  touching  the  manner  in  which  the  riots  were 
suppressed  he  now  authorizes  the  following  statement,  which,  it  may  be  well 


68  APPENDIX  A. 

to  add,  is  given  in  his  own  word*  :  "  The  draft  riots  of  1863  were  put  down 
mainly  by  the  energy,  boldness  and  skill  of  the  Police  Department.  In  say 
ing  this  I  am  certainly  not  influenced  by  prejudice,  for  the  force  was  politi 
cally,  and,  in  some  degree  personally,  unfriendly  to  myself.  Indeed,  in  their 
reports  they  have  not  seen  fit  to  make  mention  of  any  co-operation  on  my 
part  with  their  efforts.  But  they  did  their  duty  bravely  and  efficiently. 
They  proved  that  the  City  of  New  York  could,  by  its  police  alone,  in  the 
absence  of  its  military  organizations,  cope  with  the  most  formidable  disor 
ders.  I  do  not  know  of  any  instance  in  history  where  so  many  desperate 
men  were  shot  down  mainly  by  the  police  of  a  city.  More  than  a  thousand 
of  the  rioters  were  killed  or  wounded  to  death.  Yet  so  little  justice  has  been 
done  to  the  City  of  New  York  that  many  think  it  was  protected  by  the  forces 
of  the  United  States.  In  fact,  the  Navy-Yard,  the  vast  amount  of  military 
stores  of  the  General  Government,  and  its  money  in  the  sub-treasury,  were 
mainly  protected  by  the  civil  officers.  So  protected,  while  the  military  or 
ganizations  of  the  State  were  absent  in  Pennsylvania  in  answer  to  an  appeal 
from  the  Government  of  the  United  States  to  help  it  against  an  invasion  of 
General  Lee.  Even  General  Grant,  in  one  of  his  papers,  spoke  of  the  riot 
in  New  York  as  an  occasion  when  the  General  Government  hail  helped  Stale 
or  local  authorities  to  maintain  peace  and  order.  I  wrote  to  him  correcting 
this  error,  and  it  gives  me  pleasure  to  say  that  he  received  my  communica 
tion  in  a  spirit  of  courtesy  and  of  fairness  which  ever  marks  the  character  of 
an  honorable  man.  It  is  now  time  that  justice  should  be  done  the  City  of 
New  York  in  this  matter,  and  in  the  hope  that  such  justice  may  be  done  I 
repeat  these  facts." 

before  leaving  this  period  in  Governor  Seymour's  life,  it  will  be  well  to 
add  that  subsequent  to  the  riots,  Mr.  Watson,  then  Assistant  Secretary  of 
War,  told  him  that  a  number  of  prominent  men  had  made  application  to 
the  national  administration  to  place  the  city  under  martial  law,  and  that  he 
(Watson)  was  sent  to  New  York  to  see  if  there  was  any  warrant  or  necessity 
for  such  action  ;  that  he  could  find  none,  and  had  reported  to  the  department 
that  Governor  Sejymour  and  the  civil  authorities  were  doing  everything  that 
could  be  done  to  keep  the  peace. — Ntw  York  Times,  1870,. 


APPENDIX  B.  69 


APPENDIX  B. 

PROVOST  MARSHAL  GKNRRAL'S  OFFICF.,  | 
WASHINGTON,  D.  C.  ///n/25,  1863.    ) 


You  will  be  exclusively  under  the  orders  of  this  Department ;  yet,  while 
the  Governor  of  New  York  has  no  control  over  you,  you  will  he  required  to 
acquaint  yourself  with  his  views  and  wishes  and  give  them  due  weight  in  de 
termining  as  to  the  best  interests  of  the  General  Government  of  which  you  are 
the  representative.  To  this  end  you  will  use  all  proper  means  to  gain  and 
to  retain  the  confidence  and  good  will  of  the  Governor  and  his  State  officers. 
You  will  endeavor  by  all  means  in  your  power  to  secure  for  the  execution  of 
the  Enrolment  Act,  the  aid  and  hearty  cooperation  of  His  Excellency  the 
Governor,  and  of  the  civil  officers  in  his  State  as  also  of  the  people. 
******** 

The  State  of  New  York  has  failed  to  furnish  her  full  quota  of  men  under 
the  President's  calls  of  July  2d,  and  Aug.  4,  1862,  for  six  hundred  thou 
sand  men.  You  will  at  once  calculate  by  reference  to  the  State  records  what 
pivporlivn  of  the  deficiency  is  due  to  each  district  under  your  charge  in  the 
State,  and  inform  the  Department  of  the  result  at  the  earliest  day  practicable, 
*  *  *  taking  for  the  calculation  such  information  in  regard  to  the  actual 
deficiency  as  the  State  records  may  give  you. 

The  enrolment  lately  made  by  the  State  will  probably  be  useful  to  the 
Boards  in  the  different  districts  under  your  control,  and  you  are  therefore  de 
sired  to  have  prepared  at  once  and  transmitted  to  them  respectively  such  ex 
tracts  from  the  State  enrolment  lists  as  will  facilitate  their  business. 
******** 

You  will  take  especial  care  to  ascertain  and  report  to  this  office  all  cases 
wherein  the  Provost  Marshals,  Surgeons,  Commissioners,  Enrolling  Officers 
or  other  employes  of  this  Department  shall  have  proved  themselves  unworthy 
or  incompetent  to  fill  the  positions  to  which  they  have  been  appointed. 
*•*  *  »*  «  «  » 

Very  respectfully 

Your  obedient  servant, 
(Signed)     JAMES  B.  FRY, 

Pro. -ATI  General. 
To  COL.  ROBKRT"  NUGENT, 
69TH  N.  Y.  VOLS. 

A  Letter,  in  terms  as  follows,  was  addressed  to  Mayor  Opdyke  : 


7°  APPENDIX  Ct   D. 

APPENDIX  C. 

'ROVOST  MARSH/ 

WASHINGTON,  D.  C.,  April  25,  1863 


PROVOST  MARSHAL  GENERAL'S  OFFICE,) 


To  His  Honor,  George  Opdykt, 

Mayor  of  the  City  of  New  York, 

SIR  : — With  a  view  to  uniform  and  harmonious  execution  of  the  Enrolment 
Act,  it  has  been  deemed  best  to  assign  an  officer  of  this  Department  of  Rank 
to  duty  at  the  City  of  New  York.  He  will  be  instructed  tu  confer  with  the 
Governor  and  yourself,  to  superintend  the  operations  of  the  Provosl  Marshals 
in  the  first  nine  Districts  of  the  State,  to  secure  from  the  Provost  Marshals 
and  Boards  in  these  Districts  and  submit  to  the  State  Executive  such  rolls 
and  reports  as  may  be  deemed  necessary  for  the  files  of  the  State,  and  to 
prepare  from  the  State  Records  and  transmit  to  the  Provost  Marshals  and 
Hoards  of  Enrolment  in  these  districts  such  information,  placed  at  his  dis 
posal  by  the  State  authorities  as  may  be  necessary  or  useful  to  thtm  in  the 
performance  of  the  duties  assigned  to  them.  In  accordance  with  the  forego- 
ing,  Col.  Robert  Nugent,  69th  N.  Y.  Volunteers,  has  been  directed  to  take 
post  at  New  York  City.  He  is  an  officer  of  superior  ability  and  a  gentleman 
of  attainments,  and  it  is  hoped  his  assignment  will  prove  agreeable  lo  your 
Honor. 

The  War  Department  will  be  pleased  if  your  Honor  will  communicate 
freely  with  him  and  secure  as  far  as  possible  for  all  officers  appointed  under 
the  Enrolment  Act  in  these  districts  the  cooperation  of  the  civil  officers  of 
your  city.  I  am,  Sir, 

Very  respectfully, 

Your  obedient  servant, 
(SigHi'a)    JAM KS  1$.  FRY. 

Pro.'Af'l  Central. 

I 

APPENDIX  D. 

(Extract  from  final  report  of  Provost  Marshal  General.) 

*  *  *  "  The  paramount  duty  of  the  bureau  was  to  complete  an  enrol 
ment  at  the  earliest  practicable  date,  make  it  as  nearly  correct  as  possible, 
and  under  it  commence  the  urgently  needed  re-enforcement  of  the  armies. 
The  enrolment  could  be  made  without  injustice  to  any  one,  as  those  who 
were  granted  the  special  favor  of  exception  and  exemption  from  the  opera- 


APPENDIX  D.  71 

tions  of  the  act  could  receive  the  privilege  to  which  they  were  entitled  after 
being  drafted.  To  have  undertaken  so  to  m.ike  the  enrolment  as  not  to  in 
clude  those  who  were  excused  from  military  service  by  special  enactment, 
would  have  been  to  defeat  the  purpose  of  the  act,  in  an  attempt  as  a  first 
t/ufy  to  secure  to  a  privileged  class  the  immunities  extended  to  them  before 
they  were  ascertained  to  be  due.  Supposing  all  enrolling  officers  to  have 
been  honest  and  capable,  the  difficulties  and  delays  they  would  have  met  in 
attempting  to  decide  in  advance  all  cases  of  exemption  which  would  be  pre 
sented  by  persons  of  the  numerous  class  excepted  by  the  act  would  have 
prevented  the  completion  of  the  enrolment  in  time  to  be  of  use  during  the 
war.  To  this  should  be  added  the  opposition  to  be  encountered  in  making 
an  enrolment  of  any  kind,  and  the  fact  that  the  enrollers  had,  necessarily,  to 
be  selected  in  haste,  were  but  temporarily  employed,  without  power  to  sum 
mon  witnesses,  and  exposed  by  their  irresponsibility  and  the  absence  of 
supervision  to  the  temptation  of  bribery  and  favoritism.  All  this  made  it 
clear  that  the  best  interests  of  the  Government  required  that  the  enrolling 
officers  should  not  be  invested  with  the  power  of  deciding  the  questions  of 
exemptions  arising  under  the  act.  In  order,  therefore,  to  get  an  enrolment 
for  immediate  use  which,  as  stated,  would  be  as  fair  to  one  place  ns  to 
another,  and  which  could  subsequently  be  corrected  in  all  places  alike,  I 
directed  the  boards  of  enrolment  to  instruct  their  enrolling  officers  to  enrol 
all  male  citizens  of  the  United  States,  and  persons  of  foreign  birth  who  had 
declared  on  oath  their  intention  to  become  citizens,  under  and  in  pursuance 
of  the  laws  thereof,  between  the  ages  of  twenty  (20)  and  forty-five  (45)  years, 
and  not  permit  the  omission  from  the  enrolment  lists  of  the  names  of  persons 
who  mij;ht  claim  to  belong  to  the  classes  excepted  by  the  law,  and  to  reserve 
the  question  of  their  exemption  for  consideration  after  the  draft. 

"  The  following  extract  from  a  report  made  by  Captain  Erhardt,  the  Pro 
vost  Marshal  of  the  4th  District,  New  York  City,  the  enrolment  of  which 
was  made  the  subject  of  special  complaint,  illustrates  ihe  method  of  making 
the  enrolment,  and  the  pains  taken  to  avoid  errors.  The  mode  of  operation 
was  not  identically  the  same  in  all  the  districts,  but  varied  only  according  to 
the  circumstances  existing  in  different  districts,  nnd  the  character  of  the 
officers  and  employe's  engaged  in  the  work.  Captain*  Krhardt  says  : 

'  1  have  the  honor  to  state  that  there  have  been  enrolled  in  my  district — 

'Of  first  class .' 54t37* 

'  Of  second  class 23,405 

'  Making  a  total  of  names  enrolled 77i777 

'  '  From  these  were  taken  those  who  actually  lived  in  this  district,  and 


72  APPENDIX  D. 

those  alone  were  borne  upon  the  consolidated  lists  sent  to  the  Provost  Mar 
shal  General,  viz.  :— 

"  Of  the  first  class 30,844 

"  Of  the  second  class 11,148 

"  A  total  of. 41,992 

"  '  With  this  exception  that  those  who  were  not  known  to  live  in  any  other 
district,  by  their  own  refusal  to  give  their  residence,  doing  business  in  this, 
were  presumed  to  live  in  this,  and  were  sent  on  the  consolidated  lists  accord 
ingly.  These  names  were  in  the  proportion  of,  perhaps,  one  to  fifty  (I  to 
50),  so  that  perhaps  eight  hundred  may  be  on  the  consolidated  lists  so  sub* 
ject  to  draft  here  who  may  show,  in  case  of  their  being  drafted,  that  they 
reside  in  another  district,  and  are  not  liable.  This  list,  with  the  deduc 
tions  of  those  who  reside  here,  would  leave  thirty-five  thousand  seven 
hundred  and  eighty-five  [35,785]  enrolled  here  not  borne  upon  the  consoli 
dated  lists  of  this  district. 

"  '  The  enrolment  of  this  district  was  made  by  an  enrolling  officer  for  each 
election  district,  who  reported  at  the  headquarters  of  the  district  each  day  with 
the  filled  sheets,  which  were  then  given  in,  and  an  account  kept  of  the 
amount  of  sheets  (filled)  each  enrolling  officer  brought  in.  The  enrolment 
was  completed  on  the  2yth  day  of  June,  and  the  number  of  names  returned 
to  this  office  amounted  to  fifty-four  thousand  three  hundred  ami  seventy-two 
(54. 372)  of  class  one,  and  twenty-three  thousand  four  hundred  and  five  (23,405) 
of  class  two  ;  total  number,  seventy-seven  thousand  seven  hundred  ami  sev 
enty-seven  (77,777). 

'"The  consolidation  was  made  by  first  making  an  alphabetical  list  of  each 
ward  ;  the  names  were  carefully  revised,  and  the  residence  of  every  person, 
within  the  ages  named  in  the  act,  residing  in  this  district,  marked  by  the 
ward  of  this  district  in  which  he  resided.  They  were  then  transferred  to  an 
other  copy,  care  being  taken  to  gather  all  who  resided  in  the  ward,  copying 
from  other  wards. (  On  the  completion  of  that  copy  the  lists  were  again  re 
vised  for  the  purpose  of  ascertaining  duplicates,  in  this  manner  :  by  taking 
the  fust  name  of  each  letter  and  going  through  all  the  rest  of  the  letter,  to 
ascertain  that  that  name  was  down  but  once;  then  taking  the  second  name, 
and  again  going  through  those  remaining,  until  the  whole  had  undergone  a 
careful  and  actual  scrutiny  ;  and  in  the  same  manner  with  class  two.  This 
was  the  work  of  many  days  and  nights,  yet  it  resulted  in  a  correct  list.  \Vhe», 
a  doubt  arose  as  to  whether  the  party  under  search  was  a  duplicate,  an  en 
rolling  officer  was  sent  to  the  residence  of  such  a  party  to  ascertain  whether 
such  name  was  a  duplicate  or  not. 


APPENDIX  E.  73 

"  '  Upon  the  completion  of  that  copy  another  copy  was  made,  and  all  errors 
stricken  from  and  transfers  made,  should  any  be  found  in  it.  After  a  care 
ful  revision  of  that  copy  the  final  copy  was  made  for  the  department,  and 
from  that  the  cards  prepared  for  the  draft,  and  carefully  compared  with  the 
list,  and  verified  by  actual  count.' 

"Numerous  and  weighty  obstacles  were  encountered  in  making  this  en- 
rolment.  The  large  floating  population  of  the  country,  and  the  disposition 
and  right  of  our  people  to  go  from  place  to  place  without  let  or  hindrance, 
rendered  it  exceedingly  difficult  to  perfect  it.  Most  of  the  embarrassments 
resulted,  however,  from  the  opposition  encountered  in  almost  every  house,  if 
not  to  the  act  itself,  at  least  to  its  application  to  the  particular  persons  whose 
names  were  sought  for  enrolment.  The  law  made  it  the  duty  of  this  bureau 
to  ttikr.  but  did  not  make  it  the  duty  of  any  one  to  givf,  the  names  of  those 
liable  to  draft.  Every  imaginable  artifice  was  adopted  to  deceive  and  defeat 
the  enrolling  officers.  Open  violence  was  sometimes  met  with.  Several  en- 
rollers  lost  their  lives.  Some  were  crippled.  The  property  of  others  was 
destroyed  to  intimidate  them  and  prevent  the  enrolment.  In  certain  mining 
regions  organized  bodies  of  men  openly  opposed  the  enrolment,  rendering  it 
necessary  that  the  United  States  authorities  should  send  troops  to  overcome 
their  opposition.  There  were  secret  societies,  newspapers  and  politicians 
who  fostered  and  encouraged  this  widespread  opposition. 

"  Under  these  serious  drawbacks  the  first  enrolment  was  made.  It  was 
no  more  imperfect  than  had  been  expected,  and  the  first  draft  (as  explained 
hereafter  in  this  report)  was,  according  to  it,  conducted  in  such  a  manner  ai 
tn  neutralize  to  a  great  extent  (if  not  entirely)  the  irregularities  and  hardships 
that  might  have  resulted  from  the  errors  it  contained." 


APPENDIX    E. 

KLMTRA.  May  22,  1863. 


Colonel  James  B.  Fi'\\ 

Marshal  General. 


COI.ONKI.:  —  I  have  just  returned  from  Albany  where  I  had  a  protracted  audi 
ence  with  Governor  Seymour.  My  attention  —  as  yours  must  have  been  —  had 
been  attracted  to  his  remarkable  letter  to  the  meeting  at  the  Capitol  the  pre 
ceding  evening,  denouncing  the  proceeding  agafhst  Valandingham.  This 
letter  was  of  course  the  subject  of  conversation.  My  personal  relations  with 
the  Governor  having  always  been  friendly,  and  much  of  the  conversation  hav 
ing  been  confidential  in  Its  character,  I  hardly  know  how  to  communicate  to 
10 


74  APPENDIX  F. 

you  regarding  it.  I  feel  authorized,  however,  to  say  that  the  Governor  will 
co-operate  with  the  General  Government  in  such  measure*  as  may  be  adopted 
for  raising  armies  and  carrying  on  the  war.  He  thinks  the  question  of  con- 
stitutionality  of  the  law  will  be  raised,  but  says  that  is  a  question  for  the 
courts,  lie  wanted  me  to  understand  and  to  communicate  to  the  President 
that  he  was  exceedingly  tenacious  in  relation  to  the  question  of  arbitrary  ar 
rests.  I  referred  him  to  the  law  of  Congress  upon  this  subject  as  contained 
in  the  Act  authorizing  the  suspension  of  the  writ  of  habeas  corpus  and  the  Act 
relating  to  the  draft.  I  understood  him  to  be  content  if  arrests  were  made 
in  compliance  with  those  provisions,  and  if  my  advice  were  of  any  value  I 
would  suggest  that  these  laws  be  respected,  as  they  were  framed  after  a  great 

deal  of  consideration  and  had  the  support  of  the  best  minds  in  Congress. 

******* 

I  have  the  honor  to  be 

Your  obedient  Servant, 
(Signed)  A.  S.  DIVKN, 

A.  A.  P.  M.  Gen  I. 

P.  S. — I  would  thank  you  to  show  the  Secretary  of  War  so  much  of  this 
letter  at  least  as  relates  to  my  interview  with  Governor  Seymour. 


APPENDIX    F. 

A.  A.  P.  M.  GKN'I.'S  OmcK,  \ 
ELMIKA,  N.  Y., 

July  23,  1863.      ) 
Colonel  James  B.  Fry, 

J'rwvst  Marshal  General. 

COLONKI.  : — I  understand  the  position  of  Governor  Seymour  in  relation  to 
the  draft  to  be  this.  That  any  drafted  man  has  a  right  to  the  writ  of  habeas 
corpus  ;  that  if  the  military  authorities  refuse  to  produce  a  man  held  by  them 
as  a  drufted  man,  ami  to  abide  the  decision  of  the  Judge,  that  then  he  would 
employ  all  the  power  vested  in  him  as  Governor,  including,  of  course,  his 
military  power  as  Commander-in-chief  of  the  Militia  of  the  State,  to  secure 
the  right. 

Now  I  assume  that  the  Governor  is  sincere,  when  he  says  if  the  law  is 
declared  by  the  courts  to  be  constitutional,  then  all  his  power  shall  be  used 
for  its  enforcement.  How  can  the  adjudication  be  had  without  embarrassing 
delay?  is  the  question.  Of  course  the  tribunal  of  last  resort  is  the  one  to 
appeal  to,  before  this  could  be  said  to  be  definitely  declared. 


APPENDIX  G.  75 

I  propose  this— cither  of  the  Justices  of  the  Supreme  Court  of  the  United 
States  can  issue  the  writ  of  habeas  corpus.  Let  application  for  a  writ  be  at  once 
made  to  each  of  the  Judges  for  the  discharge  of  a  drafted  man,  and  on  the 
question  of  granting  or  denying  the  writ,  the  Justices  can  separately  give  their 
opinions,  and  thus  within  a  few  days  the  mind  of  the  Court  can  be  ascertained. 
There  can  be  no  doubt  surely  about  the  decision.  I  at  least  have  not  the 
legal  discernment  to  appreciate  any  point  that  has  been  made  against  the 
validity  of  the  law.  This  proposition  I  would  make  to  Governor  Seymour  if 
authorized,  and  it  would  certainly  test  the  sincerity  of  his  profession,  and 
would  fulfil  the  pledges  he  has  made  to  the  men  complaining  of  the  law, 

I  have  the  honor  to  be 

Your  obedient  servant, 
(Signed)  A.  S.  DIVRN, 

A.  A.  P.  Af.  Cent.  IV.  D.t  N.    Y. 


APPENDIX  G. 

BUFFALO,  NFAV  YORK,      \ 
August  6,  1863.  \ 
If  is  Excellency  Hcmtio  Seymout^ 
Goi'Ctnor  of  AVrc   York. 

DEAR  SIR: — As  I  promised  you  I  would,  I  visited  Washington  and  conferred 
with  (lie  authorities  relative  to  the  subject  of  our  conversation.  The  executive 
officers  of  the  Government  in  execution  of  the  laws  of  Congress  will  do 
nothing  to  assume  that  these  laws  are  invalid,  particularly  as  in  this  case 
they  entertain  no  doubts  as  to  the  constitutionality  of  the  law  providing  for 
the  draft.  They  would  be  glad  at  the  same  time  where  doubts  exist  to  have 
the  parties  entertaining  them  satisfied  without  embarrassing  the  operations  of 
the  Government. 

The  course  suggested  at  our  personal  interview,  to  reach  an  adjudication 
that  should  be  final  and  satisfactory,  is  the  only  one  that  occurs  to  me  and  I 
hope  will  be  resorted  to. 

On  application  for  the  writ  of  habeas  corpus  directly  to  one  of  the  Justices 
of  the  Supreme  Court,  if  the  applicant  simply  states  the  ground  for  applying 
for  the  writ  to  be  the  invalidity  of  the  law  under  which  he  is  held,  the  Justice 
would  in  granting  or  denying  the  writ,  have  but  the  single  question  to  pass 
upon  and  would  if  counsel  was  to  be  heard  give  time  and  place  for  hearing. 
The  question  can  thus  be  put  at  rest,  and  I  sincerely  hope  you  will  advise 
this  course  to  be  adopted  by  those  who  want  to  contest  the  validity  of  this 


76  APPENDIX  H. 

Act  of  Congress,  as  I  should  regret  to  have  anything  occur  in  the  State  of 
New  York  that  could  delay  the  reinforcement  of  an  army  com  posed  so  largely 
of  her  own  devoted  men. 

I  am,  Governor,  very  sincerely, 

Your  obedient  servant, 
(Signed)  A.  S.  DIVEN, 

A.  A.  P.  Af.  C.,  W.  D.t  N  .y. 


APPENDIX   H. 

HEADQUARTERS  CITY  AND  HARBOR  OF  NEW  YORK,     i 
CITY  OF  NEW  YORK,  July  28,  1863.  [ 
Tkt  Genfral-in~Chi<ft 

Washington,  D.  C. 

SIR: — I  have  the  honor  to  acknowledge  the  receipt  of  your  communication 
of  yesterday.  Assuming,  as  in  my  judgment  we  should,  that  the  enforcement 
of  the  draft  will  be  resisted  and  that  this  resistance  may  take  the  form  of 
an  insurrection  against  the  General  Government,  it  will  be  prudent  to  re 
inforce  the  troops  now  here  to  such  an  extent  as  will  secure  the  forts  in  the 
harbor  against  any  sudden  seizure  by  the  mob  or  by  insurgents. 

The  volunteer  recruits  in  this  neighborhood  and  the  State  militia  furnish 
in  numbers  a  sufficient  force  for  this  purpose,  but  it  is  still  questionable  how 
far  the  local  troops  may  be  relied  on  in  the  event  of  an  outbreak.  The  State 
authorities  have  not  yet  declared  themselves  with  sufficient  distinctness  to 
deprive  the  disaffected  of  all  hope  of  sympathy  if  not  of  assistance  in  any 
movement  they  may  undertake,  and  it  is  to  be  apprehended  that  they  may 
not  do  this  until  it  is  too  late.  If  the  proper  course  is  adopted  by  them  there 
will  be  no  serious  trouble.  If  it  is  not  there  will  be,  and  it  will  not  be  safe  to 
allow  the  control  of  the  harbor  to  depend  in  any  degree  upon  this  chance. 

I  think  the  minimum  force  required  for  this  purpose  will  be  four  regiments 
of  infantry  of  medium  strength — 2,000  or  2,400  men — and  they  should  be 
drawn  from  the  troops  that  will  not  sympathize  with  any  local  excitement,  as 
that  will  enable  us  to  employ  without  danger  some  portion  of  the  volunteer 
recruits  now  in  this  neighborhood. 

The  contingency  may  not  occur,  and  in  that  case  the  troops  may  soon  be 
returned,  but  the  lesson  will  not  be  thrown  away. 
Very  respectfully,  Sir, 

Your  obedient  servant, 

ED.  R.  S.  CANUY, 


APPENDIX  I,  J.  77 

APPENDIX  I. 

HEADQUARTERS  DEPARTMENT  OP  THE  EAST,  » 
NEW  YORK  .CITY,   August  12,  1863.         \ 

Hon.  Edwin  Af.   Stanton, 

Secretary  of  War, 

«•***** 
SIR  : — I  am  constrained  to  believe  that  the  whole  moral  influence  of  the 
executive  power  of  the  State  will  be  thrown  against  the  execution  of  the  law 
for  enrolling  and  calling  out  the  national  forces,   and  a  case  may  occur  in 
which  the  military  power  of  the  State  will  be  employed  to  defeat  it. 

«**«»** 
I  have  the  honor  to  be 

Very  respectfully  yours, 
(Signed)  JOHN  A.  Dix, 

Major-  General. 

APPENDIX  J. 

NEW  YORK,  August  12,  1863 

Colonel  James  B.  Fry, 

Provost  Marshal  General. 

I  was  in  consultation  last  evening  with  General  Canby,  the  Mayor  and 
Police  Commissioners.  We  are  of  opinion  that  the  draft  can  safely  com 
mence  in  this  city  on  Monday  with  a  sufficient  force,  but  there  ought  to  be 
ten  thousand  troops  in  the  city  and  harbor.  General  Canby  has  now  five 
thousand.  Governor  Seymour's  letters  have  increased  the  disaffection  and 
multiplied  the  chances  of  collision,  and  there  is  little  doubt  that  he  will  do 
all  in  his  power  to  defeat  the  draft,  short  of  forcible  resistance  to  it.  I  will 
write  the  Secretary  of  War  fully  by  to-day's  mail. 

(Signed),  JOHN  A.  Dix, 

Major  Gential. 


78  APPENDIX  K>  L. 


APPENDIX  K. 

HEADQUARTERS  DEPARTMENT  or  THE  EAST,  ) 
NEW  YORK  CITY,  July  30,  1863. 

I/is  Excellency \  Horatio  Seymout, 

Governor  of  tkc  State  of  New  York. 

SIR  : — As  the  draft  under  the  Act  of  Congress  of  March  3, 1863,  for  enrol 
ling  and  calling  out  the  national  forces  will  probably  be  resumed  in  this  city 
at  an  early  day,  I  am  desirous  of  knowing  whether  the  military  power  of  the 
State  may  be  relied  on  to  enforce  the.execution  of  the  law  in  case  of  forcible 
resistance  to  it.  I  am  very  anxious  that  there  should  be  perfect  harmony  of 
action  between  the  Federal  Government  and  that  of  the  State  of  New  York  ; 
and  if  under  your  authority  to  see  the  laws  faithfully  executed,  I  can  feel 
assured  that  the  act  referred  to  will  be  enforced,  I  need  not  ask  the  War 
Department  to  put  at  my  disposal  for  the  purpose  troops  in  the  service  of  the 
United  States. 

I  am  the  more  unwilling  to  make  such  a  request,  as  they  could  not  be 
withdrawn  in  any  considerable  number  from  the  field,  without  prolonging 
the  war  and  giving  aid  and  encouragement  to  the  enemies  of  the  Union  at 
the  very  moment  when  our  successes  promise,  with  a  vigorous  effort,  the 
speedy  suppression  of  the  rebellion. 

I  have  the  honor  to  be 

Very  respectfully, 

•Your  obedient  Servant, 

JOHN  A.   Dix, 

Ceneml. 


APPENDIX    L. 

HEADQUARTERS  DEI-ARTMENT  OK  THE  EAST, 
NEW  YORK,  August  8,   1863. 

His  Excellency \  Horatio  Seymour, 

Governor  of  the-  State  of  New  York, 

SIR  :  —  I  had  the  honor  to  receive  on  the  evening  of  the  5th  inst.  your 
letter  of  the  3d,  in  reply  to  mine  of  the  3oth  ult.,  informing  me  that  you 
had  made  a  communication  to  the  President  of  the  United  States  in  relation 
to  the  draft  in  this  State,  and  expressing  your  belief  that  his  answer  would 


A  P  PEN  nix  L.  79 

relieve  you  and  me  "from   the  painful  questions  growing  out  of  an  armed 
enforcement  of  the  Conscription  Act,"  etc. 

Your  Excellency  promises  to  write  me  again  on  the  subject  when  you  shall 
have  received  the  I'resident's  answer.  It  will  afford  me  great  pleasure  to 
hear  from  you  and  to  receive  an  affirmative  answer  to  the  inquiry  contained 
in  my  letter.  Hut  I  owe  it  to  my  position  as  Commander  of  this  Military 
Department,  to  anticipate  his  reply  by  some  suggestions  arising  out  of  your 
answer  to  me. 

You  arc  no  doubt  aware  that  the  draft  has  been  nearly  completed  in  the 
nine  western  districts,  and  that  it  also  has  been  completed  in  several  dis 
tricts  ;  and  is  in  successful  progress  in  others  in  the  central  part  of  the  State, 
under  the  orders  of  Provost  Marshal  General. 

It  is  my  duty  now  as  Commanding  Officer  of  the  troops  in  the  service  of 
the  United  States  in  the  Department  if  called  on  by  the  enrolling  officers, 
to  aid  them  in  resisting  forcible  opposition  to  the  execution  of  the  law;  and, 
it  was  from  an  earnest  desire  to  avoid  the  necessity  of  employing,  for  the 
purpose,  any  of  my  forces,  which  have  been  placed  here  to  garrison  the 
forts  and  protect  the  public  property,  that  I  wished  to  see  the  draft  enforced 
by  the  military  power  of  the  State,  in  case  of  an  armed  and  organized 
resistance  to  it.  But  holding  such  resistance  to  the  paramount  law  of  Con 
gress  to  be  disorganizing  and  revolutionary,  leading,  unless  effectually 
suppressed,  to  the  overthrow  of  the  Government  itself,  to  the  success  of  the 
insurgents  in  the  seceded  Slates,  and  to  universal  anarchy,  I  designed,  if 
your  co-operation  could  not  be  relied  on,  to  ask  the  General  Government  for 
a  force  which  should  be  adequate  to  ensure  the  execution  of  the  law,  and  to 
meet  any  emergency  growing  out  of  it. 

The  Act  under  which  the  draft  is  in  progress,  was,  as  your  Excellency  is 
aware,  passed  to  meet  the  difficulty  of  keeping  up  the  army,  through  the 
system  of  volunteering,  to  the  standard  of  force  deemed  necessary  to  sup 
press  the  insurrection.  The  service  of  every  man  capable  of  bearing  arms  is, 
in  all  countries,  those  especially  in  which  power  is  responsible  to  the  people, 
due  to  the  Government  when  its  existence  is  in  peril.  This  service  is  the 
price  of  the  protection  which  he  receives,  and  of  the  safeguards  with  which 
the  law  surrounds  him  in  the  enjoyment  of  his  property  and  life.  The  Act 
authorizing  the  draft  is  entitled,  "  An  Act  for  enrolling  and  calling  out  the 
national  forces."  I  regret  that  your  Excellency  should  have  characterized  it 
as  "  The  Conscription  Act."  A  phrase  borrowed  from  a  foreign  system  of 
enrolment,  with  odious  features  from  which  ours  is  wholly  free,  and  origin 
ally  applied  to  the  law  in  question  by  those  who  desired  to  bring  it  into  re 
proach  and  defeat  its  execution.  I  impute  to.your  Excellency  no  such  pur- 
pose.  On  the  contrary,  I  assume  it  to  have  been  altogether  inadvertent ; 


80  APPENDIX  L. 

but  I  regret  it,  because  there  is  danger  that  in  thus  designating  it  and  depre 
cating  "  an  armed  enforcement  "  of  it,  you  may  be  understood  to  regard  it  as 
an  obnoxious  law,  which  ought  not  to  be  carried  into  execution,  thus  throw 
ing  the  influence  of  your  high  position  against  the  Government  in  a  conflict 
for  its  existence. 

The  call  which  has  been  made  for  service  is  for  one-fifth  part  of  the  arms- 
bearing  population,  between  20  and  35  years  of  age,  and  of  the  unmarried 
between  35  and  45.  The  insurgent  authorities  at  Richmond  have  not  only 
called  into  service  heretofore  the  entire  class  between  18  and  35,  but  are  now 
extending  the  enrolment  to  classes  more  advanced  in  age.  The  burden 
which  the  loyal  States  are  called  on  to  sustain  is  not,  in  proportion  to  popu 
lation,  one-tenth  part  as  onerous  as  that  which  has  been  assumed  by  the 
seceded  States.  Shall  not  wex  if  necessary,  be  ready  to  do  as  much  for  the 
preservation  of  our  political  institutions  as  they  are  doing  to  overthrow  and 
destroy  them  ;  as  much  for  the  cause  of  stable  government  as  they  for  the 
cause  of  treason  and  for  the  disorganization  of  society  on  this  continent  ?  I 
say  the  disorganization  of  society,  for  no  man  of  reflection  can  doubt  where 
secession  would  end  if  a  Southern  Confederacy  should  be  successfully  estab 
lished. 

I  cannot  doubt  that  the  people  of  this  patriotic  State,  which  you  justly 
say  has  done  so  much  for  the  country  during  the  existing  war,  will  respond 
to  the  call  now  made  upon  them.  The  alacrity  and  enthusiasm  with  which 
they  have  repeatedly  rushed  to  arms  for  the  support  of  the  Government  and 
the  defence  of  the  national  flag  from  insult  or  degradation,  have  exalted  the 
character  and  given  new  vigor  to  the  moral  power  of  the  State,  and  will  in 
spire  our  descendants  with  magnanimous  resolutions  for  generations  to  come. 
This  example  of  fidelity  to  all  that  is  honorable  and  elevated  in  public  duty 
must  not  be  tarnished. 

The  recent  riots  in  this  city,  coupled  as  they  were  with  the  most  atrocious 
and  revolting  crimes,  have  cast  a  shadow  over  it  for  the  moment.  Hut  the 
ptomptitudc  with  which  the  majesty  of  the  law  was  vindicated,  ami  the  fear 
lessness  with  w^ich  a  high  judicial  functionary  is  pronouncing  judgment 
upon  the  guilty,  have  done,  and  are  doing  much  to  efface  what,  under  a  dif 
ferent  course  of  action,  might  have  been  an  indelible  stain  upon  the  reputa 
tion  of  the  city.  It  remains  only  for  the  people  to  vindicate  themselves  from 
reproach  in  the  eyes  of  the  country  and  the  world  by  a  cheerful  acquiescence 
in  the  law.  That  it  has  defects  is  generally  conceded.  That  it  will  involve 
cases  of  personal  hardship  is  not  disputed.  War,  when  wa^cd  for  self-de 
fence,  for  the  maintenance  of  great  principles,  and  for  the  national  life,  is 
not  exempt  from  the  sufferings  inseparable  from  all  conflicts  which  are  de 
cided  by  the  shock  of  armies,  and  it  is  by  our  firmness  and  our  patriotism  in 


APPENDIX   L.  8 1 

meeting  all  the  calls  of  the  country  upon  us,  that  we  achieve  the  victory 
and  prove  ourselves  worthy  of  it  and  the  cause  in  which  we  toil  and 
suffer. 

Whatever  defects  the  act  authorizing  the  enrolment  and  draft  may  have, 
it  is  the  law  of  the  land,  framed  in  good  faith  by  the  representatives  of  the 
people,  and  it  must  be  presumed  to  be  consistent  with  the  provisions 
of  the  Constitution  until  pronounced  in  conflict  with  them  by  competent  ju 
dicial  tribunals.  Those  therefore,  who  array  themselves  against  it  are  obnox> 
ious  to  far  severer  censure  than  the  ambitious  or  misguided  men  who  are 
striving  to  subvert  the  Government ;  for,  the  latter  are  acting  by  color  of 
sanction  under  legislatures  and  conventions  of  the  people  in  the  States  they 
represent.  Among  us,  resistance  to  the  law  by  those  who  claim  and  enjoy 
the  protection  of  the  Government  has  no  semblance  of  justification  and  be 
comes  the  very  blackest  of  political  crimes,  not  only  because  it  is  revolt 
against  the  constituted  authorities  of  the  country,  but  because  it  would  be 
practically  striking  a  blow  for  treason,  and  arousing  to  new  efforts  and  new 
crimes,  those  who  are  staggering  to  their  fall  under  the  resistless  power  of 
our  recent  victories. 

In  conclusion,  I  renew  the  expression  of  my  anxiety  to  be  assured  by  your 
Excellency  at  the  earliest  day  practicable,  that  the  military  power  of  the 
State  will,  in  case  of  need,  be  employed  to  enforce  the  draft.  I  desire  to  re 
ceive  the  assurance,  because  under  a  mixed  system  of  government  like  ours, 
it  is  best  that  resistance  to  the  law  should  be  put  down  by  the  authority  of 
the  State  in  which  it  occurs.  I  desire  it  also,  because  I  shall  otherwise  deem 
it  my  duty  to  call  on  the  General  Government  for  a  force  which  shall  not 
only  be  adequate  to  insure  the  execution  of  the  law,  but  which  shall  enable 
me  to  carry  out  such  decisive  measures  as  shall  leave  their  impress  upon  the 
mind  of  the  country  for  years  to  come. 
I  have  the  honor  to  be, 

Very  respectfully,  yours, 

JOHN  A.  Dix, 

Major  Gtntral. 
II 


82  APPENDIX  Aft  M 

APPENDIX  M. 

DQUARTERS  DEPAR 

NEW  YORK  CITY,  August  10,  1863. 


HEADQUARTERS  DEPARTMENT  OF  THE  EAST,  \ 


Col.  Jas.  B.  Fry, 

Provost  Marshal  Central. 

COLONEL : 

*  *      .          *  »  «  #  * 

I  have  asked  the  Governor  whether  I  can  rely  on  his  co-operation  with  the 
military  power  of  the  State.  He  has  not  answered.  The  President's  letter 
to  him,  which  I  have  seen  this  morning,  is  admirable,  and  I  do  not  see  how 
he  can  avoid  giving  an  affirmative  answer  to  my  inquiry. 

******* 
1  am,  respectfully  yours, 

JOHN  A.  Dix, 

Major  General. 

APPENDIX  N. 

HEADQUARTERS  DEPARTMENT  OF  THE  EAST,  \ 
NEW  YORK  CITY,  August  18,  1863. 

His  Excellency,  Horatio  Seymour^ 

Governor  of  the  State  of  New  York. 

SIR: — I  did  not  receive  until  last  evening  your  letter  of  the  isth  instant. 

Immediately  on  my  arrival  in  this  city  on  the  i8th  ult.,  I  called  upon  you 
with  General  Canby,  and  in  a  subsequent  interview  with  you  at  my  head 
quarters,  I  expressed  the  wish  that  the  draft  in  this  State  should  be  executed 
without  the  employment  of  the  troops  in  the  service  of  the  United  States. 
In  a  letter  addressed  to  you  on  the  3Oth  ult.,  I  renewed  more  formally  the 
expression  of  this  wish,  and  stated  that  if  the  military  power  of  the  State  could 
be  relied  on  to  enforce  the  draft,  in  case  of  forcible  resistance  to  it,  I  need 
not  call  on  the  Secretary  of  War  for  troops  for  the  purpose. 

In  the  same  spirit  when  some  of  the  Provost  Marshals  in  the  interior  ap 
plied  to  me  for  aid  against  threatened  violence,  I  referred  them  to  you  in 
order  that  they  might  be  protected  by  your  authority.  It  was  my  earnest 
wish  that  the  Federal  arm  should  neither  be  seen  nor  felt  in  the  execution  of 
the  law  for  enrolling  and  calling  out  the  national  forces,  but  that  it  might  be 
carried  out  under  the  icgis  of  the  State,  which  has  so  often  been  interposed 
between  the  General  Government  and  its  enemies.  Not  having  received  an 


APPENDIX  O,  P.  83 

answer  from  you,  I  applied  to  the  Secretary  of  War  on  the  I4th  inst.  for  a 
force  adequate  to  the  object. 

The  call  was  promptly  responded  to,  and  I  shall  be  ready  to  meet  all  op 
position  to  the  draft.  I  trust,  however,  that  your  determination,  of  which 
your  letter  advises  me,  to  call  into  requisition  the  military  power,  if  need  be, 
to  put  down  violations  of  good  order,  riotous  proceedings,  and  disturbances 
of  the  public  peace,  as  infractions  of  the  laws  of  this  State,  will  render  it  un 
necessary  to  use  the  troops  under  my  command  for  that  purpose,  and  that 
their  only  service  here  may  be  to  protect  the  public  property  and  the  officers 
of  the  U.  S.  in  the  discharge  of  their  duties,  and  to  give  those  who  intend  to 
uphold  the  Government,  as  well  as  those  who  are  seeking  to  subvert  it,  the 
assurance  that  its  authority  will  always  be  firmly  and  effectually  maintained. 
I  am,  very  respectfully, 

Your  obedient  servant, 

JOHN  A.  Dix, 

Major  General. 


APPENDIX    O. 

NEW  YORK  CITY,  N.  Y.,  ) 
August  1 8,  1863.      \ 
Maj.  Gen'l  Ifallfck, 
Genera  l-in  -c  h  iff 

**»#*«» 
Governor  Seymour,  at  the  last  moment,  has  notified  me  that  there  can  be 
no  violation  of  good  order,  no  riotous  proceedings,  and  no  disturbances  of  the 
public  peace  which  are  not  infractions  of  laws  of  the  State  ;  that  those  laws 
will  be  enforced  under  all  circumstances. 

JNO.  A.  Dix, 

Maj.  Gcn'l. 


APPENDIX    P. 

WASHINGTON,  D.  C.,      ( 
July  29,  1863.     2.30  P.M.  f 

Major  General  Meade, 
Army  of  Potomac. 

As  it  is  quite  possible  that  we  may  be  obliged  to  detach  some  of  your 
troop*  to  enforce  the  draft  and  to  bring  on  the  drafted  men,  I  think  it  would 


84  APPENDIX  Q,  -ff. 

be  best  to  hold  for  the  present  the  upper  line  of  the  Rappahannock  without 
further  pursuit  of  Lee.  I  will  telegraph  you  as  boon  a*  I  can  get  a  decision 
in  regard  to  the  nth  Corps. 

H.  W.  HALLECK, 

Genera  f-in-f  hie f. 


APPENDIX  Q. 

HEADQUARTERS  ARMY  OF  POTOMAC,     ) 
•(10:30  A.M.)  August  16,  1863.  f 

Major  General  H.  W.  Halleckt 

Genenil-in-  Chief. 

The  following  regiments  will  proceed  to  Alexandria  to-day  under  the  com 
mand  of  Brig.  General  T.  II.  Ruger,  viz.:  2d  Massachusetts,  3d  Wisconsin, 
37th  Indiana,  5th  Ohio,  7th  Ohio,  agth  Ohio,  66th  Ohio,  4th  Ohio,  I4th 
Indiana,  5th  Michigan,  126th  Ohio.  The  aggregate  strength  of  these  regi 
ments  is  about  3,800.  General  Ruger  has  been  directed  to  report  to  you  by 
telegraph  on  arriving  at  Alexandria  for  further  instructions,  and  also  by 
telegraph  to  the  Quartermaster  General  for  transportation.  The  number  of 
men  detached  and  who  have  left  are  as  follows: 

August  141)1,  Regulars  and  Vermont  Brigade,  under  General  Ayers,  4,000. 
August  1 5th,  Regiments,  1,400. 

August  i6th,  Ruger*s  command  3,800:  making  in  all  9,200,  which,  when 
swollen  by  convalescents,  and  men  detached  on  extra  duty,  who  will  be  ^erit 
as  soon  as  possible,  will  make  the  aggregate  force  fully  up  to  and  over  10,000. 
I  do  not  propose  without  further  orders  to  send  any  more.  I  have  sent  you 
my  best  troops  and  some  of  my  best  officers. 

CEO.  G.  MEAUK, 

Maior  General  Comtfg. 

APPENDIX   R. 

"OPINION. 

"  The  position  taken  by  the  Governor  of  New  York  is  not  regarded  as 
sustained  either  by  the  letter  or  spirit  of  the  Enrolment  Act.  The  State  in 
which  a  drafted  man  is  enrolled  is  necessarily  credited  with  one  soldier, 
whether  such  drafted  man  enters  the  service  personally  or  furnishes  a  sub 
stitute,  or  pays  the  commutation  money.  If  such  person  employs  a  substitute 


APPENDIX  K.  85 

and  that  substitute  chances  to  be  from  another  State,  then  this  latter  State, 
according  to  the  Governor's  view,  must  also  be  credited  with  one  soldier,  to 
that  the  practical  operation  of  the  rule  would  be  to  credit  the  Government 
with  two  soldiers,  when,  in  fact,  it  receives  but  one.  Such  an  interpretation 
should  not  be  allowed  to  prevail,  since  it  has  no  foundation  in  reason,  and 
is  in  derogation  of  the  leading  object  of  the  Enrolment  Act,  which  is  to  pro 
vide  an  army  for  the  public  defence — an  object  that  would  be  but  illy  ac 
complished  if,  in  the  computation,  one  soldier  is  to  be  counted  to  the  Gov 
ernment  as  two. 

41 J.  HOLT, 

"  fudge  Advocate  General." 
August  24,  1863. 


14  DAY  USE 


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